Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Proposed Rules 13395

Dated: January 20, 1995.

M.K. Cain,

Captain, U.S. Coast Guard, Commander, Fifth

Coast Guard District, Acting.

[FR Doc. 95–6031 Filed 3–10–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD05–94–117]

Drawbridge Operation Regulations;

Atlantic Intracoastal Waterway,

Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: At the request of the

Albemarle and Chesapeake Railroad

Company, the Coast Guard is proposing

to change the regulations that govern the

operation of the drawbridge across the

Albemarle and Chesapeake Canal,

Atlantic Intracoastal Waterway, mile

13.9, at Chesapeake, Virginia, by leaving

the draw in the open position except for

the passage of trains. The proposed

changes to these regulations are, to the

extent practical and feasible, intended

to relieve the bridgeowners of the

burden of having a person constantly

available to open the draw while still

providing for the reasonable needs of

navigation.

DATES: Comments must be received on

or before May 12, 1995.

ADDRESSES: Comments may be mailed to

Commander (ob), Fifth Coast Guard

District, 431 Crawford Street,

Portsmouth, Virginia 23704–5004, or

may be delivered to room 109 at the

same address between 8 a.m. and 4

p.m., Monday through Friday, except

Federal holidays. The telephone number

is (804) 398–6222. Comments will

become part of this docket and will be

available for inspection at room 109,

Fifth Coast Guard District.

FOR FURTHER INFORMATION CONTACT: Ann

B. Deaton, Bridge Administrator, Fifth

Coast Guard District, at (804) 398–6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD05–94–117) and the specific

section of this proposal to which each

comment applies, and give the reason

for each comment. The Coast Guard

requests that all comments and

attachments be submitted in an

unbound format suitable for copying

and electronic filing. If not practical, a

second copy of any bound material is

requested. Persons wanting

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Commander

(ob) at the address under ADDRESSES.

The request should include reasons why

a hearing would be beneficial. If it

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice.

Drafting Information: The principal

persons involved in drafting this document

are Linda L. Gilliam, Project Manager, Bridge

Section, and LCDR C. A. Abel, Project

Counsel, Fifth Coast Guard District Legal

Office.

Background and Purpose

The Albemarle and Chesapeake

Railroad Company has requested that

the regulations for the drawbridge

across the Albemarle and Chesapeake

Canal, Atlantic Intracoastal Waterway,

mile 13.9, in Chesapeake, Virginia, be

changed to allow them to leave the

bridge in the open position, except

when a train is passing over the bridge.

Since the bridge would be left in the

open position, a bridge tender would

only be available to close the bride for

a train crossing, and, after the train

cleared, to reopen the bridge to

navigation.

The current regulations require the

bridge to open on demand. These

regulations require a full-time bridge

tender. Leaving the bridge open, except

for the passage of trains, alleviates the

need for a full-time bridge tender.

The Albemarle and Chesapeake

Railroad Company originally requested

that the Coast Guard change the current

regulations by leaving the draw closed

to navigation, Monday through Friday,

from 12 noon to 2:30 p.m., with

openings only for emergencies. At all

other times, the bridge would remain in

the open position except for the passage

of trains. This request was denied

because of the proposed hours of bridge

closures were considered too restrictive

to recreational and commercial

navigation, since the bridge is located

across the busy Atlantic Intracoastal

Waterway.

As a result of the Coast Guard’s

denial, the Albemarle and Chesapeake

Railroad Company requested a meeting

with the Coast Guard, Union Camp, the

Mayor of Elizabeth City, and local Coast

Guard Auxilarists to discuss a new

operating schedule for the railroad

bridge. Since the railroad company was

not receptive to employing a full-time

bridge tender, all in attendance agreed

that the most acceptable schedule

would be to leave the bridge in the open

position, except for the passage of

trains. This would eliminate the need

for a full-time bridge tender; however,

this proposed schedule would require

the railroad company to employ a parttime bridge tender to operate the

drawspan.

In developing this proposed schedule,

the Coast Guard considered all views,

and believes this proposed rule will not

unduly restrict commercial and

recreational traffic, since the bridge will

be left in the open position, except for

the passage of trains.

Regulatory Evaluation

This proposed action is not a

significant regulatory action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that order. It has been

exempted from review by the Office of

Management and Budget under that

order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include independently owned

and operated small businesses that are

not dominant in their field and that

otherwise qualify as ‘‘small business

concerns’’ under section 3 of the Small

Business Act (15 U.S.C. 632). Because it

expects the impact of this proposal to be

minimal, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal,

if adopted, will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).
13396 Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Proposed Rules

Federalism

The Coast Guard has analyzed this

proposal under the principals and

criteria contained in Executive Order

12612, and it has been determined that

this proposal will not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under section

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, this proposal is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

statement and checklist has been

prepared and placed in the rulemaking

docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, the

Coast Guard proposes to amend part 117

of title 33, Code of Federal Regulations

to read as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g).

2. In § 117.997, paragraph (g) is

redesignated as (h) and a new paragraph

(g) is added to read as follows:

§ 117.997 Atlantic Intracoastal Waterway,

South Branch of the Elizabeth River to the

Albemarle and Chesapeake Canal.

* * * * *

(g) The draw of the Albemarle &

Chesapeake Railroad bridge, mile 13.9,

in Chesapeake, Virginia, shall be

maintained in the open position; the

draw may close only for the crossing of

trains and maintenance of the bridge.

When the draw is closed, a bridgetender

shall be present to reopen the draw after

the train has cleared the bridge.

* * * * *

Dated: January 20, 1995.

M.K. Cain,

Captain, U.S. Coast Guard, Commander, Fifth

Coast Guard District, Acting.

[FR Doc. 95–6032 Filed 3–10–95; 8:45 am]

BILLING CODE 4910–14–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[ET Docket No. 93–266; FCC 95–80]

Pioneer’s Preference Rules

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: By this Further Notice of

Proposed Rule Making, the Commission

proposes rules in response to the

pioneer’s preference directives

contained in the legislation

implementing domestically the General

Agreement on Tariffs and Trade

(GATT), as well as on its own motion.

The objective of this proposal is to

implement the GATT legislation’s

modifications to the Communications

Act and to make additional changes to

the pioneer’s preference rules to

increase their efficiency.

DATES: Comments are due March 29,

1995; reply comments are due April 12,

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 Further

Notice of Proposed Rule Making,

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, D.C. 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, D.C.

20037.

Summary of Further Notice of Proposed

Rule Making

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 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; and in the Second Report and

Order, adopted simultaneously with the

Further Notice of Proposed Rule

Making, modified certain rules to

increase the efficiency of the pioneer’s

preference program.

2. The GATT legislation, enacted

December 8, 1994, requires that the

Commission complete by June 8, 1995,

a rulemaking prescribing the procedures

and criteria to be used in evaluating

pioneer’s preference requests accepted

for filing after September 1, 1994. The

legislation mandates that the

Commission specify the procedures and

criteria by which the significance of a

pioneering contribution will be

determined; that there be an

opportunity for review and verification

of the contribution by experts not

employed by the Commission; and that

the Commission use such other

procedures as may be necessary to

prevent unjust enrichment by ensuring

that the value of a pioneering

contribution justifies any reduction in

the amounts paid for comparable

licenses. The GATT legislation also

requires pioneer’s preference licensees

whose preference requests were

accepted for filing after September 1,

1994 to 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. Finally, the GATT legislation

sunsets the pioneer’s preference

program on September 30, 1998.

3. In the Further Notice of Proposed

Rule Making, the Commission proposes

to establish a peer review process on a

permanent basis under the direction of

the Chief of its Office of Engineering

and Technology. The Chief, OET, would

select a panel of experts consisting of

persons who are knowledgeable about

the specific technology set forth in a

pioneer’s preference request and who

are not employed by either the

Commission or any applicant seeking a

pioneer’s preference in the same or

similar communications service. The

Commission’s staff would evaluate on a

case-by-case basis how much outside

assistance is required.

4. With respect to the unjust

enrichment directive of the GATT

legislation, the Commission stated that

its concerns about unjust enrichment

are lessened by the statutorily-mandated

payment requirement for pioneer’s

preference grantees in auctionable

services and the formula for calculating

per capita bid amounts, but that it

remains concerned about the effect of

competitive bidding on the pioneer’s

preference program. It said that in

services in which competitive bidding is

used to assign licenses, the need to

guarantee a license may not be as strong

as in services in which another