Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15275

dock pipeline be implemented under

the authorities contained in the UST

provisions of RCRA. The MPCA is in

agreement with this approach.

The transfer of Site clean-up activities

from CERCLA to RCRA authority is

completed once the NPL and PLP

delisting has taken place.

EPA, with concurrence from the State

of Minnesota, has determined that all

appropriate Fund-financed responses

under CERCLA at the Koch Company

Superfund Site have been completed,

and no further CERCLA response is

appropriate in order to provide

protection of human health and the

environment. Therefore, EPA proposes

to delete the site from the NPL.

Dated: March 9, 1995.

David A. Ullrich,

Acting Regional Administrator, U.S. EPA,

Region V.

[FR Doc. 95–7195 Filed 3–22–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[MM Docket No. 95–31; FCC 95–79]

Reexamination of the Comparative

Standards for New Noncommercial

Educational Applicants

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: By this Notice of Proposed

Rulemaking, the Commission seeks

additional comments relating to

possible modification of the criteria

currently used to select among

competing applicants for new

noncommercial educational broadcast

facilities.

DATES: Comments are due April 24,

1995; reply comments are due May 10,

1995.

FOR FURTHER INFORMATION CONTACT:

Michael Wagner, Mass Media Bureau,

(202) 418–2720.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rulemaking in MM Docket

No. 95–31, adopted February 28, 1995

and released March 17, 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, N.W., Washington D.C. The

complete text of this decision also may

be purchased from the Commission’s

duplicating contractor, International

Transcription Service, Inc., (202) 857–

3800, 2100 M Street, N.W., Suite 140,

Washington, D.C. 20037.

Summary of Notice of Proposed

Rulemaking

1. In its Notice of Proposed

Rulemaking In the matter of

Reexamination of the Policy Statement

on Comparative Broadcast Hearings, GC

Docket No. 92–52, 7 FCC Rcd 2664,

2669 [57 Fed. Reg. 14683] (1992) (‘‘1992

NPRM’’), the Commission initiated a

general proceeding to reform the criteria

used to select among mutually exclusive

applicants for new broadcast facilities.

While primarily concerned with the

1965 Policy Statement on commercial

broadcast hearings [1 FCC 2d 393

(1965)], the Commission noted in

Paragraph 39 of the 1992 NPRM that the

standard used in noncommercial

educational (‘‘NCE’’) proceedings was

‘‘vague’’ and difficult to apply. The

Commission ‘‘tentatively concluded’’

that the standard should be eliminated,

and invited comments on: (1) whether a

modified version of the ‘‘point system’’

proposed for commercial applicants in

the 1992 NPRM should be adopted for

NCE applicants; (2) whether the criteria

used to select commercial applicants are

relevant in NCE proceedings; and (3)

whether a different comparative

approach should be followed for stateowned public broadcasters as opposed

to other NCE applicants.

2. Six commenters responded to the

1992 NPRM. Examination of the

comments leads the Commission to

conclude that the comments received

may not be representative of the full

range of actual and potential NCE

station operators. Furthermore, while

most commenters agree on several

points, only two commenters described

detailed alternatives to the current

criteria, and those proposals are widely

divergent.

3. For these reasons, the Commission

believes it appropriate to seek

additional comments regarding both the

existing NCE comparative criteria and

the two alternatives already submitted.

In order to focus the comments and

encourage beneficial input, the

Commission lists eight specific

questions upon which input is sought.

4. Finally, the Commission has

imposed a partial freeze on the

processing of mutually exclusive NCE

applications until it has adopted new or

revised NCE comparative criteria: as of

the release date of this Notice, the

Commission will not designate mutually

exclusive NCE applications for

comparative hearing. Additionally,

presiding Administrative Law Judges,

the Review Board, and the Commission

will no longer issue decisions in

pending hearing proceedings involving

competing NCE applicants where those

decisions would rely upon the existing

NCE comparative criteria. The Judges,

Board, and Commission will, however,

continue to encourage and, where

appropriate, approve settlements among

NCE applicants now involved in hearing

proceedings provided such settlements

comply with current Commission

policies governing those agreements.

5. The Commission is sensitive to the

need to resolve the issues presented in

this proceeding as quickly as possible.

It has therefore established a short

comment and reply period and will act

expeditiously once the comment cycle

is completed.

List of Subjects in 47 CFR Part 1

Administrative practice and

procedure.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–7121 Filed 3–22–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 95–32, RM–8545]

Radio Broadcasting Services; Parker

and Port St. Joe, Florida

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by

Southern Broadcasting Companies, Inc.,

licensee of Station WPBH, Channel

233C, Port St. Joe, Florida, requesting

the reallotment of Channel 233C from

Port St. Joe, Florida, to Parker, Florida,

and the modification of its license to

specify Parker as its community of

license, in accordance with Section

1.420(i) of the Commission’s rules. The

coordinates for Channel 233C at Parker

are North Latitude 29–49–09 and West

Longitude 85–15–34.

DATES: Comments must be filed on or

before May 11, 1995,and reply

comments on or before May 26, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Gary S. Smithwick, Shaun A.

Maher, Smithwick & Belendiuk, P.C.,

1990 M Street, NW, Suite 510,

Washington, D.C. 20036 (Attorneys for

Petitioner).
15276 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Nancy J. Walls, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–32, adopted March 20, 1995, and

released March 20, 1995. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Service, Inc., (202) 857–

3800, 1919 M Street, NW, Room 246, or

2100 M Street, NW, Suite 140,

Washington, D.C. 20037.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–7122 Filed 3–22–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF DEFENSE

48 CFR Parts 245 and 252

Defense Federal Acquisition

Regulation Supplement;

Demilitarization

AGENCY: Department of Defense (DoD).

ACTION: Supplementary notice of

proposed rulemaking with request for

public comments.

SUMMARY: The Defense Acquisition

Regulations Council is proposing

changes to the Defense FAR Supplement

(DFARS) to cover control of Munitions

List items (MLI) and Strategic List items

(SLI) and demilitarization of excess

property.

DATES: Comments on the proposed rule

should be submitted to the address

shown below on or before May 22, 1995

to be considered in the formulation of

a final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Directorate,

ATTN: IMD 3D139, PDUSD (A&T), 3062

Defense Pentagon, Washington, D.C.

20301–3062. FAX (703) 602–0350.

Please cite DFARS Case 92–D024 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: LTC

Ed King; (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the

Federal Register on March 16, 1994 (59

FR 12223). The rule proposed

amendments to the DFARS by adding a

subsection at 245.604–70 and a clause at

252.245–7XXX, and by revising 245.601,

245.604, 245,610–4, and 245.7310–1 to

improve control of Munitions List items

(MLI) and Strategic List items (SLI) and

demilitarization of excess contractor

inventory. Twenty comments from four

respondents were received during the

public comment period. After

evaluating the public comments, the

DAR Council agreed to publish another

proposed rule incorporating the

following changes:

—The term ‘‘Security Trade Controls’’ is

changed to read ‘‘Trade Security

Controls.’’

—DFARS 245.604–70(a) and 252.245–

7XXX(b) are rewritten for clarity.

—Subparagraph (b)(4) to DFARS

252.245–7XXX is added to cover

those situations where contractor

acquired property is transferred to

another Government contract and is

treated as Government-Furnished

Property.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act

applies, but the proposed rule is not

expected to have a significant economic

impact on a substantial number of small

entities within the meaning of the

Regulatory Flexibility Act, 5 U.S.C. 601,

et seq., because the vast majority of

property to be demilitarized, including

MLI and SLI, is in the custody of large

contractors. An initial Regulatory

Flexibility Analysis (IRFA) has therefore

not been performed. Comments are

invited from small businesses and other

interested parties. Comments from small

entities concerning the affected DFARS

subparts will be considered in

accordance with Section 610 of the Act.

Such comments must be submitted

separately and should cite DAR Case

92–D024 in all correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act applies

because the proposed rule imposes

additional reporting requirements

which require the approval of OMB

under 44 U.S.C. 3501, et seq. On May

10, 1994, OMB approved OMB

Clearance 0704–0363 for 17,500 hours.

That clearance covered the reporting

requirements associated with the

proposed rule published on March 16,

1994 (59 FR 12223). This supplemental

proposed rule imposes an additional

reporting requirement at 252.245–

7XXX(b)(4). As a result, a request for

revision to the previously approved

clearance has been submitted to OMB

reflecting an increase of 2500 hours.

List of Subjects in 48 CFR Parts 245 and

252

Government procurement.

Claudia L. Naugle,

Executive Editor, Defense Acquisition

Regulations Directorate.

Therefore it is proposed that 48 CFR

Parts 245 and 252 be amended as

follows:

1. The authority citation for 48 CFR

Parts 245 and 252 continues to read as

follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

2. Section 245.601 is amended by

revising paragraph (2) to read as follows:

§ 245.601 Definitions

* * * * *

(2) Demilitarization is defined in the

clause at 252.245–7XXX,

Demilitarization and Trade Security

Controls.

* * * * *

§ 245.604 [Amended]

3. Section 245.604 is amended by

removing paragraph (3) and

redesignating paragraphs (4) and (5) as

paragraphs (3) and (4).

4. Section 245.604–70 is added to

read as follows:

§ 245.604–70 Demilitarization and security

trade controls.

(a) Contracting officers shall ensure

that solicitations and contracts include

a demilitarization code for each item of

Government-furnished property in

accordance with DoD 4160.21–M–1,

Defense Demilitarization Manual.

(b) Contract clause.

Use the clause at 252.245–7XXX,

Demilitarization and Trade Security

Controls, in solicitations and contracts

whenever Government property is either

furnished to contractors, or whenever

the contractor is authorized to acquire/

manufacture items for the Government’s