13634 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations

non-road construction equipment

emissions is available at this time and

that the current emissions estimate is

appropriate. It is additionally noted that

the emissions inventory submitted by

the IEPA incorporated by reference the

documentation of the non-road

construction equipment emissions

estimates supplied by the USEPA.

Comment: The commenters note that

the emissions for railroads and airport

lack documentation. In addition, the

commenters note that, given that a high

speed rail and a third airport are both

under consideration for the Chicago

area, this lack of documentation is

especially troublesome.

Response: Discussion of the

estimation procedures used for railroad

and airport emissions is contained on

pages 196 through 221 of the Chicago

emissions inventory documentation

submitted to the USEPA. The discussion

of railroad emissions includes an

estimate of statewide railroad fuel

usage, which was apportioned to the

nonattainment area counties based on

the county to State ratios of railroad

track mileage. The county fuel usage

figures were then multiplied by a per

unit fuel usage emission rate factor. This

approach is acceptable to the USEPA.

The method used for airport

emissions evaluated commercial aircraft

activity at O’Hare and Midway Airports

on an aircraft engine-specific basis

incorporating modal emission rates. The

modal emission rate for each engine is

a function of the amount of fuel burned

for each of the four modes power

settings. The four modes are taxi/idle,

takeoff, climbout, and approach.

Emissions were estimated for

approximately 60 different commercial

engine types. Emissions from the

remaining aircraft categories, military

and general aviation, were estimated

based on the number of landing and

take-off (LTO) cycles of each aircraft

type. These LTO cycles were also the

basis of the emissions estimates

performed for all of the other airports in

the Chicago ozone nonattainment area.

These estimation procedures were

documented in IEPA’s emissions

inventory submittal and were found to

be acceptable by the USEPA.

III. Final Rulemaking Action

The State of Illinois has met the

requirements [section 182(a)(1)] of the

Act for the submittal of base year ozone

precursor emissions inventories. The

USEPA approves the State’s 1990 base

year ozone precursor emission

inventories for the Chicago, Metro-East

St. Louis, and Jersey County ozone

nonattainment areas.

This action has been classified as a

Table 2 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993,

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget (OMB) has

exempted this regulatory action from

Executive Order 12866 review.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., 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, USEPA may

certify that the rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

government entities with jurisdiction

over populations of less than 50,000.

The SIP approvals under section 110

and subchapter I, part D, of the Act do

not create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, I

certify that it does not have a significant

impact on small entities. Moreover, due

to the nature of the Federal-State

relationship under the Act, preparation

of a regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of State

action. The Act forbids the USEPA to

base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (1976).

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

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by May 15, 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 section may

not be callenged later in proceedings to

enforce its requirements (see section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone,

Volatile organic compounds.

Dated: February 23, 1995.

Robert Springer,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart O—Illinois

2. Section 52.726 is amended by

adding paragraph (i) to read as follows:

§ 52.726 Control strategy: Ozone.

* * * * *

(i) The base year (1990) ozone

emission inventory requirement of

section 182(a)(1) of the Clean Air Act, as

amended in 1990, has been satisfied for

the following Illinois ozone

nonattainment areas: the Chicago

nonattainment area—Cook, DuPage,

Kane, Lake, Will and McHenry

Counties, Aux Sable and Gooselake

Townships in Grundy County, and

Oswego Township in Kendall County;

the Metro-East St. Louis nonattainment

area—Madison, Monroe, and St. Clair

Counties; and Jersey County.

[FR Doc. 95–6161 Filed 3–13–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[IL80–3–6838; FRL–5170–4]

Approval and Promulgation of

Implementation Plans and

Designations of Areas for Air Quality

Planning Purposes; Illinois

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Final rule.

SUMMARY: On November 25, 1994,

USEPA proposed to approve a State

Implementation Plan (SIP) request to

redesignate the Jersey County, Illinois

marginal ozone nonattainment area to

attainment of the public health based

ozone air quality standard. The USEPA

also proposed approval of the

accompanying maintenance plan as a

SIP revision. The redesignation request

and maintenance plan were submitted

by the Illinois Environmental Protection

Agency (IEPA) on November 12, 1993.
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13635

The State has met the requirements for

redesignation contained in the Clean Air

Act (Act). The redesignation request is

based on ambient monitoring data that

show no violations for the ozone

National Ambient Air Quality Standard

during the three-year period from 1990

through 1992. Public comments were

solicited on the redesignation request,

maintenance plan and on USEPA’s

proposed action. No public comments

were received.

EFFECTIVE DATE: This final rule becomes

effective on April 13, 1995.

ADDRESSES: Copies of the SIP revision

relevant to this action are available for

public inspection during normal

business hours at the following location:

U.S. Environmental Protection Agency,

Region 5, Regulation Development

Branch, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Edward Doty, Regulation Development

Section (AR–18J), Regulation

Development Branch, Air and Radiation

Division, United States Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604 (312) 886–6057.

SUPPLEMENTARY INFORMATION: On

November 12, 1993, the IEPA submitted

a redesignation and maintenance plan

for Jersey County as a requested SIP

revisions. The IEPA has requested that

Jersey County be redesignated to

attainment for ozone.

On November 6, 1991 (56 FR 56694),

the USEPA formally designated Jersey

County as a marginal ozone

nonattainment area. This classification

and designation was based on a

monitored violation of the ozone

National Ambient Air Quality Standard

in Jersey County in 1988.

Jersey County is a rural county

located approximately 25 miles north of

St. Louis, Missouri. Based on the 1990

census, the population of Jersey County

is 20,539, with the largest urban

population being that of Jerseyville,

with a population of approximately

8,000.

On November 25, 1994, (59 FR 60577)

the USEPA proposed approval of the

SIP revision request to redesignate the

Jersey County, Illinois ozone

nonattainment area to attainment and

the accompany maintenance plan.

Please refer to the November 25, 1994,

Federal Register (59 FR 60577) and the

July 8, 1994, technical support

document for additional information on

this final rule.

With respect to the requirement of

section 172(c)(3), the USEPA notes that

the State of Illinois has developed and

submitted the required emissions

inventory, which section 182(a)(1)

required to be submitted by November

15, 1992. On September 13, 1994,

USEPA proposed approval of the

emissions inventory for Jersey County

(59 FR 46920). Elsewhere in this

Federal Register, the USEPA has taken

final action on Illinois’ Emissions

Inventory SIP revision request,

including that portion for Jersey County.

Public Comments

The public comment period for the

November 25, 1994 (59 FR 60577),

notice of proposed rulemaking to

approve the redesignation request for

Jersey County closed on December 27,

1994, and no comments were received.

Final Rulemaking Action

The USEPA is approving the

redesignation of Jersey County to

attainment for ozone because the State

of Illinois has met the requirements of

the Act revising the Illinois ozone SIP

and is approving the maintenance plan

as a revision to the SIP.

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The OMB has exempted

this regulatory action from Executive

Order 12866 review.

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone,

Volatile organic compounds.

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone,

Volatile organic compounds.

Dated: February 23, 1995.

Robert Springer,

Acting Regional Administrator.

Chapter I, title 40 of the Code of

Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart O—Illinois

2. Section 52.726 is amended by

adding paragraph (h) to read as follows:

§ 52.726 Control strategy: Ozone.

* * * * *

(h) Approval—On November 12,

1993, the Illinois Environmental

Protection Agency submitted an ozone

redesignation request and maintenance

plan for Jersey County ozone

nonattainment area and requested that

Jersey County be redesignated to

attainment for ozone. The redesignation

request and maintenance plan meet the

redesignation requirements in section

107(d)(3)(d) of the Act. The

redesignation meets the Federal

requirements of section 182(a)(1) of the

Clean Air Act as a revision to the

Illinois ozone State Implementation

Plan for Jersey County.

* * * * *

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7871q.

2. In § 81.314 the ozone table is

amended by revising the entry ‘‘Jersey

County Area’’ to read as follows:

§ 81.314 Illinois.

* * * * *

ILLINOIS—OZONE

Designated areas

Designation Classification

Date1 Type Date1 Type

* * * * * * *

Jersey County Area Jersey County ............................................................................. [*] Attainment.

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

*April 13, 1995.
13636 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations

[FR Doc. 95–6160 Filed 3–13–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1 and 5

[ET Docket No. 93–266; FCC 95–80]

Pioneer’s Preference Rules

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Second Report and

Order, the Commission modifies certain

rules regarding its pioneer’s preference

program. This action is intended to

increase the efficiency of the program by

making it better comport with

competitive bidding authority and the

Commission’s experience administering

it.

EFFECTIVE DATE: April 13, 1995.

FOR FURTHER INFORMATION CONTACT:

Rodney Small, Office of Engineering

and Technology, (202) 776–1622.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Second

Report and Order, adopted February 28,

1995, and released March 1, 1995. The

full text of this Commission decision is

available for inspection and copying

during regular business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW., Washington, DC. The

complete text of this decision also may

be purchased from the Commission’s

duplication contractor, International

Transcription Service, Inc., (202) 857–

3800, 2100 M Street, NW., Suite 140,

Washington, DC 20037.

Summary of Second Report and Order

1. In the Notice of Proposed Rule

Making (Notice) in this proceeding, 58

FR 57578 (October 26, 1993), the

Commission sought comment on

whether and how the pioneer’s

preference rules could be amended to

take into account competitive bidding

and its experience administering them,

or whether these rules should be

repealed. In the Notice, the Commission

proposed to eliminate the current

policies of issuing public notices

specifying pioneer’s preference filing

deadlines, considering raw

experimental license material that

relates to preference requests, and

making initial determinations on

preference requests. The Commission

also proposed to limit acceptance of

preference requests to services that use

new technologies and proposed that

preference requests be filed prior to a

notice of inquiry (NOI) in a proceeding

that addresses a new service or

technology, if such a document is issued

in advance of a notice of proposed

rulemaking (NPRM), rather than the

current policy of allowing requests to be

filed after an NOI but prior to an NPRM.

In the First Report and Order, 59 FR

8413 (February 22, 1994), the

Commission determined that it would

not apply amendments to its rules to

three proceedings in which tentative

pioneer’s preference decisions had been

issued.

2. In the Second Report and Order,

the Commission determined that the

pioneer’s preference program should be

retained, but it decided to eliminate its

current policies of issuing public

notices specifying filing deadlines,

considering raw experimental license

material that relates to preference

requests, and making initial

determinations on preference requests.

These requirements were originally

imposed to ensure a complete record in

all pioneer’s preference proceedings, but

the Commission said that eliminating

them would result in a more efficient

process with no detriment to the public.

The Commission also adopted its

proposal to require that preference

requests be filed prior to an NOI, if such

a document is issued in advance of an

NPRM. The Commission stated that

deferring the filing deadline to the

NPRM stage in cases in which an NOI

has been issued may encourage

speculative preference requests. Finally,

in response to comments to the Notice,

the Commission required that any

preference grant be conditioned on use

of the technology and system for which

the preference was awarded.

3. The Commission did not adopt its

proposal to limit acceptance of pioneer’s

preference requests to services that use

new technologies. It said that while a

pioneer’s preference should not be

awarded simply for transferring

technologies from existing services in

one band to similar services in another

band, a significant enhancement of an

existing service, under some

circumstances, could be achieved by

combining existing technologies in new

and innovative ways. The Commission

also noted that the recently-enacted

General Agreement on Tariffs and Trade

(GATT) legislation provides that

preferences be awarded for significant

contributions to the development of a

new service or to the development of

new technologies that substantially

enhance an existing service.

4. Additionally, the Commission

decided that in services in which

licenses are assigned by competitive

bidding, any parties receiving pioneer’s

preferences will be required to pay for

their licenses in accord with the

payment formula specified in the GATT

legislation. The GATT legislation

mandates that recipients of preferences

in service in which licenses are awarded

by competitive bidding and whose

requests were accepted for filing after

September 1, 1994, pay in a lump sum

or in installment payments over a

period of not more than five years 85

percent of the average price paid for

comparable licenses. The Commission

said that it will also use this formula for

any future grants of pioneer’s preference

requests accepted for filing on or before

September 1, 1994 and—in accord with

the GATT legislation—will determine

comparable licenses on a case-by-case

basis.

5. Accordingly, it is ordered That

Parts 1 and 5 of the Commission’s Rules

are amended as specified below,

effective 30 days after publication in the

Federal Register. This action is taken

pursuant to Sections 4(i), 7(a), 303(c),

303(f), 303(g), 303(r), and 309(j) of the

Communications Act of 1934, as

amended, 47 U.S.C. Sections 154(i),

157(a), 303(c), 303(f), 303(g), 303(r), and

309(j).

List of Subjects

47 CFR Part 1

Administrative practice and

procedure.

47 CFR Part 5

Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Text

Parts 1 and 5 of chapter I of title 47

of the Code of Federal Regulations are

amended as follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 303.

Implement 5 U.S.C. 552 and 21 U.S.C. 853a,

unless otherwise noted.

2. Section 1.402 of this chapter is

amended by revising paragraphs (c), (d),

(e), and (g), redesignating paragraph (f)

as new paragraph (h), and adding new

paragraph (f) to read as follows:

§ 1.402 Pioneer’s preference.

* * * * *

(c) Pioneer’s preference requests

relating to a specific new spectrumbased service or technology will not be