19878 Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Proposed Rules

1The Draft and Final EIS are available at the

following locations: EPA Public Information

Reference Unit (PIRU), Room 2904 (rear), 401 M

Street, S.W., Washington, D.C. / EPA Region IX,

Library, 75 Hawthorne Street, 13th Floor, San

Francisco, California. / Humboldt Bay Harbor,

Recreation and Conservation District, P.O. Box

1030, Eureka, California. / Humboldt County

Library, 421 I Street, Eureka, California. / Humboldt

State University Library, Arcata, California. / Arcata

City Library, 500 7th Street, Arcata, California.

unacceptable adverse impacts due to

dredged material disposal, so that

decisions about the need for changes in

management practices may be made in

a timely manner. Depending on the

results of the periodic monitoring, EPA

may at any tier determine that one or

more of the following types of site

management actions is required:

Continue existing site use; implement

higher tier monitoring; modify some or

all site use restrictions; or discontinue

disposal activities. EPA expects that the

SMMP will be revised and updated from

time to time based on monitoring

results, scientific advancements, and

experience gained. EPA is committed to

considering public comments prior to

implementing substantive updates to

the SMMP. To ensure that interested

parties have the opportunity to

comment, proposed substantive updates

to the SMMP will be distributed in draft

form via a Public Notice or similar

means.

E. Action

EPA Region IX has determined that

there is a need for an ocean dredged

material disposal site in the vicinity of

Humboldt Bay, California. Based on

evaluation of alternatives, EPA Region

IX has tentatively determined that the

HOODS may appropriately be

designated for use over a period of 50

years. The proposed designation of the

HOODS complies with the general and

specific criteria used for site evaluation.

EPA is, therefore, proposing to designate

the HOODS as an EPA-approved Ocean

Dumping Site in this proposed

rulemaking. Management of this

proposed site will be the responsibility

of the Regional Administrator of EPA

Region IX in cooperation with the

Corps’ South Pacific Division Engineer

and the San Francisco District Engineer,

based on requirements defined in the

Final EIS and Final Rule. The required

management and monitoring activities

will be described in a SMMP prepared

by EPA and incorporated in the Draft

and Final EIS, with the opportunity for

public review. Subsequent substantive

revisions of the SMMP will be

published and subjected to public

review.

It is emphasized that ocean dumping

site designation does not constitute or

imply EPA Region IX’s or the Corps San

Francisco District’s approval of actual

ocean disposal of dredged materials.

Before ocean dumping of dredged

material at the site may begin, EPA

Region IX and the Corps San Francisco

District must evaluate permit

applications according to EPA’s Ocean

Dumping Criteria. Permits cannot be

issued if either EPA Region IX or the

Corps San Francisco District determines

that the Ocean Dumping Criteria of

MPRSA would not be met. The

requirement for compliance with the

Ocean Dumping Criteria of the MPRSA

may not be superseded by the

provisions of any future comprehensive

regional management plan for dredged

material.

F. Regulatory Assessments

Under the Regulatory Flexibility Act,

EPA is required to perform a Regulatory

Flexibility Analysis for all Rules which

may have a significant impact on a

substantial number of small entities.

EPA has determined that this proposed

action will not have a significant impact

on a substantial number of small entities

since the proposed site designation will

only have the effect of providing a

disposal option for dredged material.

Consequently, this Proposed Rule does

not necessitate preparation of a

Regulatory Flexibility Analysis.

This proposed action will not result

in an annual effect on the economy of

$100 million or more or cause any of the

other effects which would result in its

being classified by the Executive Order

as a major Rule. Consequently, this

Proposed Rule does not necessitate

preparation of a Regulatory Impact

Analysis.

G. Responses to Comments on the Site

Designation Proposed Rule

Comment period for this Proposed

Rule will end June 6, 1995. Comments

will be considered and revisions, as

appropriate, will be incorporated into

the Final EIS and Final Rule.

List of Subjects in 40 CFR Part 228

Environmental protection water

pollution control.

Dated: April 12, 1995.

Felicia A. Marcus,

Regional Administrator, EPA Region IX.

In consideration of the foregoing,

subchapter H of chapter 1 of title 40 is

proposed to be amended as set forth

below.

PART 228—[AMENDED]

1. The authority citation for part 228

continues to read as follows:

Authority: 33 U.S.C. 1412 and 1418.

2. Section 228.15 is amended by

adding paragraph (1)(10) to read as

follows:

§ 228.15 Dumping sites designated on a

final basis.

* * * * *

(1) * * *

(10) Humboldt Open Ocean Disposal

Site (HOODS) Ocean Dredged Material

Disposal Site—Regional IX

(i) Location: The coordinates of the

corners of the square site are: 40°48′25′′

North latitude (N) by 124°16′22′′ West

longitude (W); 40°49′03′′ N by

124°17′22′′ W; 40°47′38′′ N by

124°17′22′′ N; and 40°48′17′′ N by

124°18′12′′ W (North American Datum

from 1983).

(ii) Size: 1 square nautical mile (3

square kilometers).

(iii) Depth: Water depths within the

area range between approximately 160

to 180 feet (49 to 55 meters).

(iv) Use Restricted to Disposal of:

Dredged materials.

(v) Period of Use: Continuing use over

50 years from date of site designation,

subject to restrictions and provisions set

forth in paragraph (1)(10)(vi) of this

section.

(vi) Restrictions/Provisions: Site

management and monitoring activities

shall be implemented during the period

of site use and in accordance with the

Site Management and Monitoring Plan

(SMMP) for the HOODS as incorporated

in the Draft and Final EIS.1 All disposal

activities shall be terminated if

monitoring, as described in the SMMP,

is not implemented. The SMMP may be

periodically revised as necessary;

proposed substantive revisions to the

SMMP shall be made following

opportunity for public review and

comment.

* * * * *

[FR Doc. 95–9927 Filed 4–20–95; 8:45 am]

BILLING CODE 6560–50–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–46, RM–8594]

Radio Broadcasting Services;

Edenton, Columbia, Pine Knoll Shores,

NC

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by
Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Proposed Rules 19879

Lawrence F. and Margaret A. Loesch

seeking the substitution of Channel

273C1 for Channel 273C2 at Edenton,

NC, the reallotment of Channel 273C1 to

Columbia, NC, as the community’s

second local FM service, and the

modification of Station WERX-FM’s

license to specify Columbia as the

station’s community of license. To

accommodate the allotment at

Columbia, petitioners also request the

substitution of Channel 290A for

unoccupied but applied for Channel

272A at Pine Knoll Shores, NC. Channel

273C1 can be allotted to Columbia with

a site restriction of 24.7 kilometers (15.3

miles) south-southeast at coordinates

35–42–48 North Latitude; 76–08–34

West Longitude, to avoid short-spacings

to Station WOLC, Channel 273B,

Princess, MD, and Station WHLQ,

Channel 273A, Louisburg, NC. Channel

290A can be allotted to Pine Knoll

Shores at the transmitter site specified

in the pending WMBL, Inc. application

(BPH–920720MA), at coordinates 34–

42–38 North Latitude; 76–37–52 West

Longitude.

DATES: Comments must be filed on or

before June 12, 1995, and reply

comments on or before June 27, 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: Mark J. Prak, Esq., Brooks,

Pierce, McLendon, Humphrey &

Leonard, L.L.P., P.O. Box 1800, 209

Fayetteville Street Mall, Raleigh, NC

27602 (Counsel to petitioners).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–46, adopted April 7, 1995, and

released April 18, 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 contractor, International

Transcription Services, Inc., (202) 857–

3800, 2100 M Street, NW, Suite 140,

Washington, D.C. 20037.

Provisions of the Regulatory

Flexibility Act of 1980 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. 95–9888 Filed 4–20–95; 8:45 am]

BILLING CODE 6712–01–F