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
Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Proposed Rules 13397

assignment method is used, and noted

that there may be circumstances in

which the guarantee of a license at or

close to the market price may stimulate

research such that the innovator

receives certainty in obtaining financing

to perform the necessary research and to

pay for the license.

5. Accordingly, the Commission seeks

comment on an additional showing that

a pioneer’s preference applicant would

have to make to qualify for a preference

in services in which licenses are

awarded by competitive bidding.

Specifically, it seeks comment on

whether the applicant should have to

demonstrate that the Commission’s

public rulemaking process inhibits the

applicant from capturing the economic

rewards of its innovation unless granted

a pioneer’s preference license; i.e.,

whether the applicant must show that it

may lose its intellectual property

protection because of this public

process. If this requirement were to be

adopted, the applicant would have to

demonstrate that it would be able to

capture the rewards from its innovation

only by being granted a guaranteed

license.

6. With regard to determining which

licenses are most reasonably comparable

for purposes of the GATT legislation

payment formula, the Commission

proposes implementing this provision of

the legislation on a case-by-case basis.

However, it seeks comment on any

standards for comparing licenses and

excluding anomalous licenses, as well

as comment on whether eligibility for

installment payments should be limited

to small businesses or other entities as

has been done under the general auction

rules.

7. In accord with the GATT

legislation, the Commission proposes to

sunset the pioneer’s preference program

on September 30, 1998. It also proposes

to modify the pioneer’s preference rules

by limiting the award of preferences to

services in which a new allocation of

spectrum is required. Finally, it

proposes to apply any rules adopted in

response to the Further Notice of

Proposed Rule Making to all pioneer’s

preference requests granted after

adoption of these rules, except in

proceedings in which tentative

decisions have been made. The

Commission stated that it will not issue

final decisions in pioneer’s preference

proceedings that have not reached the

tentative decision stage until after it has

issued a Third Report and Order

regarding final rules that will apply to

pending requests.

List of Subjects in 47 CFR Part 1

Administrative practice and

procedure.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–6080 Filed 3–10–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 2, 3, 5, 6, 7, 9, 10, 11, 12,

13, 14, 15, 16, 22, 23, 36, 42, 44, 46, 47,

49, 52, and 53

[FAR Case 94–790]

Federal Acquisition Regulation;

Acquisition of Commercial Items

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Change of date for meeting on

proposed rule.

SUMMARY: At 60 FR 11198; March 1,

1995, a proposed rule was issued

pursuant to the Federal Acquisition

Streamlining Act of 1994 (the Act) to

implement the revised statutory

authorities for the acquisition of

commercial items and components by

Federal Government agencies as well as

contractors and subcontractors at all

levels. Instead of meeting on the date

given in that document, the FAR

Council is rescheduling its public

meeting at the GSA Auditorium in

Washington, DC, for April 3, 1995.

The purpose of the meeting is to

enable the public to present its views on

the proposed rule, FAR case 94–790—

Acquisition of Commercial Items, and to

exchange ideas and opinions with

respect to the implementation of the

Act. Interested members of the public

may obtain copies of the proposed rule

from the FAR Secretariat, Room 4037,

GSA Building, 18th and F Sts., NW,

Washington, DC 20405, (202) 501–4755.

The public is encouraged to attend this

meeting and must provide, to the FAR

Secretariat, a written statement on the

views they would like to present not

later than March 29, 1995.

Organizations or groups with similar

views should select a representative

speaker.

DATES: The meeting will be held on

April 3, 1995, at 1:00 p.m.

ADDRESSES: The meeting will be held at

the GSA Auditorium, 8th & F Streets

NW., First Floor, Washington, DC

20405.

FOR FURTHER INFORMATION CONTACT: Mr.

Edward Loeb, Project Deputy for the

Implementation of the Federal

Acquisition Streamlining Act of 1994 at

(202) 501–4547 or the FAR Secretariat,

General Services Administration, (202)

501–0692.

Dated: March 7, 1995.

Edward Loeb,

Deputy Project Manager for the

Implementation of the Federal Acquisition

Streamlining Act of 1994.

[FR Doc. 95–5971 Filed 3–10–95; 8:45 am]

BILLING CODE 6820–34–D

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 90-Day Finding and

Initiation of Status Review for a

Petition To List the Southern

Population of the Walleye as

Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 90-day petition

finding and initiation of status review.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces a 90-day

finding for a petition to list the southern

population of walleye (Stizostedion

vitreum vitreum) under the Endangered

Species Act of 1973, as amended. The

Service finds that the petition presents

substantial information indicating that

listing this species may be warranted. A

status review is initiated.

DATES: The finding announced in this

document was made on January 26,

1995. Comments and materials should

be submitted to the Service by May 12,

1995, to be considered in the 12-month

finding.

ADDRESSES: Data, information,

comments, or questions concerning this

petition should be submitted to the

Field Supervisor, U.S. Fish and Wildlife

Service, Jackson Field Office, 6578

Dogwood View Parkway, Suite A,

Jackson, Mississippi 39213. The petition

finding, supporting data, and comments

are available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Paul

Hartfield, Biologist, at above address

(601–695–4900, ext. 25).