8618 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules

Dated: January 4, 1995.

Valdas V. Adamkus,

Regional Administrator, U.S. EPA, Region V.

[FR Doc. 95–3604 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0, 1, 17, 21, 22, 23, 25,

73, 74, 78, 80, 87, 90, 94, 95, and 97

[WT Docket No. 95–5, FCC 95–16]

Streamlining the Antenna Structure

Clearance Procedure and Revision of

the Rules Concerning Construction,

Marking, and Lighting of Antenna

Structures

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission has adopted

a Notice of Proposed Rule Making

which seeks to streamline the

Commission’s antenna structure

clearance process by instituting a

uniform registration process for

structure owners, revise the current

antenna structure painting and lighting

requirements in keeping with updated

recommendations by the Federal

Aviation Administration (FAA), and

make antenna structure owners

primarily responsible for antenna

structures that require painting and/or

lighting. This action stems from the

Commission’s effort to streamline

regulatory processes and eliminate

unnecessary public burdens as well as

the need to update the Commission’s

Rules to reflect recent changes in two

FAA Advisory Circulars and the

Communications Act of 1934, as

amended. Thus, the proposed rules

should reduce the number of

Commission filings, expedite the

processing authorizations involving

FAA coordination, and clarify rules

concerning the painting and lighting of

antenna structures.

DATES: Comments must be filed on or

before March 21, 1995, and reply

comments must be filed on or before

April 20, 1995.

ADDRESSES: Federal Communications

Commission, 1919 M Street NW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Roger Noel of the Wireless

Telecommunications Bureau at (202)

418–0680, or Robert Greenberg of the

Mass Media Bureau at (202) 418–2720.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, WT Docket No.

95–5, FCC 95–16, adopted January 12,

1995, and released, January 20, 1995.

The full text of this Notice of Proposed

Rule Making is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239) 1919 M Street NW.,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor International

Transcription Services, 2100 M Street

NW., Washington, DC 20037, telephone

(202) 857–3800.

Summary of Notice of Proposed Rule

Making

1. The Commission has initiated the

instant proceeding to thoroughly review

its antenna structure clearances process,

eliminate unnecessary public burdens,

and reduce processing time for

Commission authorizations that require

FAA coordination. Presently, the

clearance process requires identifying

the coordinates and height of each

antenna structure requiring FAA

notification (i.e., each structure

exceeding 60.96 meters (200 feet) in

height above ground level or within

close proximity to an airport). If the

FAA determines that such a structure is

a potential hazard to air navigation

because of its height or location, the

FAA may recommend that the antenna

structure height be decreased,

recommend painting or lighting

specifications, or both. Thus, the current

clearance process requires certain

prospective licensees and permittees to

file antenna structure data with the

Commission and the FAA, and upon

authorization, holds licensees and

permittees responsible for the painting

and lighting of antenna structures,

where required.

2. The Commission proposes three

distinct changes to the rules. First, the

Commission proposes to replace the

current clearance process with a

streamlined procedure for registering

each antenna structure which requires

FAA notification. The registration

process would require the antenna

structure owner, not the licensees or

permittees using the structure, to (1)

register the antenna structure with the

Commission, (2) maintain the

structure’s painting and lighting in

accordance with the Commission’s

Rules, (3) notify the Commission of

changes in height, coordinates,

ownership, painting, or lighting of the

structure, and (4) notify the Commission

upon dismantling the structure. This

proposed action would not impose a

greater net filing burden on the public,

but would instead decrease the number

of entities affected by these

requirements.

3. Second, the Commission proposes

to incorporate by reference the

recommendations found in the

following two FAA Advisory Circulars:

Obstruction Marking and Lighting (AC

70/7460–1H) released August, 1991, and

Specification for Obstruction Lighting

Equipment (AC 150/5435–43D) released

July, 1988. This proposed change

updates the Commission’s Rules in light

of the FAA’s recent air safety

recommendations and would

grandfather the present painting and

lighting requirements of existing

structures for 10 years. This action

would serve to streamline the

Commission’s Rules and increase air

safety.

4. Third, the Commission proposes to

implement statutory language holding

antenna structure owners primarily

responsible for compliance with the

Commission’s painting and lighting

requirements. This means that the

Commission would first look toward

structure owners to ensure that antenna

structures are painted and lighted in

accordance with the Commission’s

Rules. In cases where reliance on the

owner proves ineffective, the

Commission would turn toward the

tenant licensees and permittees to

ensure that the structure is properly

painted and lighted.

5. The Commission seeks specific

comments concerning the proposed rule

amendments, options for implementing

the registration process, and whether

the proposal may necessitate changes to

the Commission’s environmental rules

in 47 CFR 1.1301–1.1319.

6. Initial Regulatory Flexibility

Analysis. Reason for Action. The

Commission proposes to: (1) institute a

procedure to register certain antenna

structures, used by Commission

licensees and permittees, which require

notice to the FAA of proposed

construction, (2) revise the

Commission’s painting and lighting

requirements to incorporate by reference

FAA Advisory Circulars AC 70/7460–

1H (August 1991) and AC 150/5345–

43D (July 1988), and (3) hold antenna

structure owners primarily responsible

for compliance with the Commission’s

painting and lighting requirements.

Objectives

The Commission seeks to: (1) reduce

the number of filings to the Commission

regarding changes to antenna structures,

(2) expedite application and notification

processing, (3) unify and streamline

federal painting and lighting regulations

to ease the public and governmental

burdens associated with processing

certain application, (4) increase safety in

air navigation.
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules 8619

Legal Basis

The proposed actions are authorized

under sections 4(i), 4(j) and 303(r) of the

Communications Act 47 U.S.C. 154(i),

154(j), and 303(r).

Reporting, Recordkeeping and Other

Compliance Requirements

The proposed revision of 47 CFR Part

17 would require certain antenna

structure owners to register their

structures and to comply with the

Commission’s painting and lighting

requirements. Additionally, each owner

would have to provide a copy of the

Antenna Structure Registration to all

tenant licensees and post the structure’s

Registration Number at the site. Further,

the proposed rules eliminate the

requirement for certain licensees and

permittees to individually file with the

Commission to amend structure height

or painting and lighting specifications.

Most licensees and permittees, however,

would have to provide the Registration

Number of the structure from which

they intend to transmit when filing for

a new, modified, or renewed

authorization.

Federal Rules Which Overlap, Duplicate

or Conflict With These Rules

None.

Description, Potential Impact, and

Small Entities Involved

Any rule change requiring a small

business antenna structure owner to file

an application for Registration could

affect a small business. However, the

overall impact, if any, will be minimal

because the proposed registration

process will eliminate the need for

many small business licensees and

permittees on an antenna structure to

file certain applications and

notifications. The Commission will

further examine the impact of any rule

changes on small entities after

evaluating the comments in this

proceeding.

Any Significant Alternatives Minimizing

the Impact on Small Entities Consistent

With the Stated Objectives

None.

List of Subjects

47 CFR Part 0

Organization and functions

(Government agencies).

47 CFR Part 1

Administrative practice and

procedure.

47 CFR Part 17

Antennas, Aviation safety,

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 21

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 22

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 23

Radio, Reporting and recordkeeping

requirements.

47 CFR Part 25

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 73

Radio broadcasting, Television

broadcasting.

47 CFR Part 74

Radio broadcasting, Television

broadcasting.

47 CFR Part 78

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 80

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 87

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 90

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 94

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 95

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 97

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Secretary.

[FR Doc. 95–3675 Filed 2–14–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[FRA Docket No. RSOR 13, Notice No. 3]

RIN 2130–AA86

Roadway Worker Protection

AGENCY: Federal Railroad

Administration (FRA); DOT.

ACTION: Notice; Schedule of Advisory

Committee Meetings.

SUMMARY: The Federal Railroad

Administration is announcing as

required by the Federal Advisory

Committee Act (Pub. L. 92–463) its

meeting schedule for the Advisory

Committee on Regulatory negotiation

(concerning the protection of railroad

employees who work on or adjacent to

track and face the risk of injury from

moving trains and equipment). This

Advisory Committee (Committee) will

meet in 1995 on the dates listed below.

DATES: Meetings of the Committee are

scheduled on the following dates:

1. Thursday and Friday, February 16–17

2. Tuesday and Wednesday, March 7–8

3. Thursday and Friday, March 23–24

4. Monday and Tuesday, April 3–4

5. Wednesday, Thursday and Friday, April

19–21

ADDRESSES: The February 16–17

meeting will be held in rooms 5A,B,C,

of the Federal Aviation Administration

building located at 800 Independence

Avenue SW., Washington, DC. The

March 23–24 meeting will be held at the

Ramada Hotel O’Hare located at 6600

North Mannheim Road, Rosemont, IL

60018. All other meetings will be held

in Room 3200 of the Department of

Transportation’s headquarters building,

400 7th Street SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Cynthia B. Walters, Trial Attorney,

Office of Chief Counsel, FRA 400 7th

Street SW., Room 8201, Washington, DC

20590 (Telephone: 202–366–0621) or

Doug Taylor, Chief Accident

Investigation Branch, Office of Safety,

FRA 400 7th Street SW., Room 8301,

Washington, DC 20590. (Telephone:

202–366–2760).

SUPPLEMENTARY INFORMATION: On August

17, 1994 FRA published a notice of

intent to establish an Advisory

Committee. (59 FR 42200). FRA also

published a notice establishing this

Committee on January 5, 1995 (60 FR

1761). Consistent with these notices, the

continued objective of this Committee is

to produce a report, including a draft

notice of proposed rulemaking (NPRM)

recommending a course of action for