Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34371

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR part 177 is

amended as follows:

PART 177—INDIRECT FOOD

ADDITIVES: POLYMERS

1. The authority citation for 21 CFR

part 177 continues to read as follows:

Authority: Secs. 201, 402, 409, 721 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321, 342, 348, 379e).

2. Section 177.1500 is amended by

adding new paragraph (a)(15) and in the

table in paragraph (b) by adding new

entry ‘‘15’’ to read as follows:

§ 177.1500 Nylon resins.

* * * * *

(a) * * *

(15) Nylon 46 resins (CAS Reg. No.

50327–77–0) are manufactured by the

condensation of 1,4-butanediamine and

adipic acid.

(b) * * *

Nylon resins Specific

gravity

Melting

point

(degrees

Fahrenheit)

Solubility in

boiling

4.2N HCL

Viscosity

No. (mL/g)

Maximum extractable fraction in selected solvents

(expressed in percent by weight of resin)

Water 95 percent

ethyl alcohol Ethyl acetate Benzene

* * * * * * *

15. Nylon 46 resins for use only in

food-contact membrane filters intended for repeated use. The finished membrane filter is intended to

contact beverages containing no

more than 13 percent alcohol,

under conditions of use E, F, and G

listed in table 2 of § 176.170(c) of

this chapter.

1.18 ±

0.015

551–592 Dissolves

in 1 hour

.................. 0.3 0.2 0.2 0.3

* * * * *

Dated: June 12, 1996.

Fred R. Shank,

Director, Center for Food Safety and Applied

Nutrition.

[FR Doc. 96–16769 Filed 7–1–96; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 10

RIN 1076–AD77

Indian Country Detention Facilities and

Programs

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Indian Affairs

(Bureau) is establishing regulations to

ensure that all Bureau and tribal entities

that receive Federal funding for the

operation, maintenance, design and

construction, or renovation of detention

facilities are operated and maintained in

a constitutionally sound manner and

comply with the Indian Law

Enforcement Reform Act of 1990, Public

Law 101–379 (25 U.S.C. 2801 et seq.).

These regulations define the policies,

standards and guidelines for detention

and rehabilitation programs within

Indian country.

EFFECTIVE DATE: These regulations take

effect on August 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Theodore R. Quasula, 202–208–5786.

SUPPLEMENTARY INFORMATION:

Background

The authority to issue rules and

regulations is vested in the Secretary of

the Interior by 5 U.S.C. 301 and sections

463 and 465 of the Revised Statutes, 25

U.S.C. 2 and 9. The proposed rule was

published August 5, 1994, (59 FR

40086). Comments received during the

comment period ending November 3,

1994, were considered in the drafting

this final rule.

What is the purpose of this rule? The

purpose of this rule is to provide

standards and procedures for the

operation of detention facilities funded

under the Indian Alcohol and Substance

Abuse Prevention and Treatment Act,

Pub. L. 99–570, (25 U.S.C. § 2453).

Who must follow these regulations?

Every BIA and tribal law enforcement

program receiving Federal funding or

performing duties during the operation

of detention or rehabilitation facilities

or functions must follow these

minimum standards. These programs

and functions are high risk activities

that subject the Federal Government to

the risk of liability for tort claims. Selfgovernance tribes and tribes with

limited jurisdiction are encouraged to

use this rule, Chapter 69 Bureau of

Indian Affairs Manual (BIAM), and

handbooks for detention and

rehabilitation programs under their

administration.

How will these regulations be

enforced? All programs will be subject

to periodic inspections or evaluations

during which the BIA will provide

technical assistance, will ensure

compliance with the standards and

procedures contained in this rule, and

will identify necessary corrective

actions or improvements to policies and

procedures. The Bureau adopted a

voluntary accreditation process with an

audit and evaluation system.

Why were regulations rewritten and

moved? Detention standards were

published in 25 CFR § 11.305 and later

moved to Section 12.104. The

regulations had not been modified for

sixteen years. They did not address

current detention problems and were

inconsistent with current acceptable

detention practices and procedures. The

regulations also failed to address code

compliance and related physical plant

issues, and lacked options to allow for

alternative types of detention programs.

The need for more detailed and

contemporary standards was intensified

by the provision of funding for

detention programs under Indian

Alcohol and Substance Abuse

Prevention and Treatment Act.

Are all the standards and procedures

applicable to adult and juvenile

detention facilities, Inmate Handbook
34372 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

facilities, and holding facilities and

programs published in this rule? No.

Although Part 10 is reserved entirely for

Indian country detention and

rehabilitation programs, Chapter 69

BIAM, and handbooks for detention and

rehabilitation programs detail the

standards and procedures.

How were the rules or regulations

revised and updated? A multi-agency

task force was assembled to develop the

first draft of these standards. The task

force included representatives from the

Office of Law Enforcement Services,

Area Office Supervisory Criminal

Investigators, Agency Criminal

Investigators, detention staff, and Indian

Health Service program specialists. The

task force also included individuals

with experience working in tribal

detention programs. Additional internal

reviews were conducted at the Bureau

area and agency level. Interested parties

and professionals submitted written

comments, suggestions or objections to

the proposed rules.

Review of Public Comments

Building and Safety Code Compliance.

The Bureau of Indian Affairs,

Facilities Management & Construction

Center recommended the standards

relating to building and safety code

compliance be revised to reflect current

requirements. If the facility is owned by

the BIA, it must comply with the codes

and standards adopted by the BIA in the

Chapter 25 Bureau of Indian Affairs

Manual (BIAM) Supplements 18 and 19.

If the facility is owned by a tribe, it must

comply with either tribally adopted

building codes, tribally adopted state or

municipal building codes, or the

Chapter 25 BIAM Supplements 18 and

19. This change has been incorporated

into each applicable standard.

Mississippi Band of Choctaw Indians

The Mississippi Band of Choctaw

Indians expressed numerous concerns

and recommendations. Each of the

Tribe’s concerns has been addressed:

(1) Development of requirements that

are applicable to all facility types. As

directed of the Department of the

Interior, Office of Regulatory Affairs, the

format for the rule must be general in

nature. Specific requirements are

published in the policy and standards

manuals, rather than as rules. The

recommendation will not be

incorporated in this rule.

(2) Publication of an accreditation

process prior to the approval of the final

rule. An accreditation process has been

drafted. A standards compliance

information packet, corrective action

plan workbook, self-audit workbook,

and standard accreditation workbook

have been developed. This process will

be field tested and adopted by the BIA.

(3) Reduction of the levels of Bureau

approval required for standard

compliance—operational descriptions.

Standards have been developed for

Bureau operated detention/correctional

facilities and programs. Through the

contracting programs of the Indian SelfDetermination and Education

Assistance Act, The tribe can develop a

facility specific line of authority and

approval process of their own when

contracting detention/correction

programs under the Indian SelfDetermination and Education

Assistance Act.

(4) Involvement of the Indian Health

Service and tribes in the drafting of

these standards. The Bureau established

a task force to draft these standards. The

task force was comprised of

representatives from the Office of Law

Enforcement Services, Area Office

Supervisory Criminal Investigators,

Agency Criminal Investigators,

detention staff, and Indian Health

Service program specialists and tribes.

They provided Indian Health Services

and the tribes many opportunities to

review the standards, including the

publication of the proposed rule in the

Federal Register on August 5, 1994.

(5) Incorporation of the numbering

changes for various tables and charts for

Mandatory Standards, Separation of

Adults and Juveniles, and Suicide

Screening. This has been done.

(6) Modification of accreditation

requirements and the minimum

qualifications for new recruits. The

minimum standards are critical to a

quantified accreditation process in order

to evaluate compliance and

performance. The recommendation will

not be incorporated in this rule.

(7) Addition of Detention Officer to

the definitions section. The definition

section for this rule and the definition

has been added.

(8) Provision of funds to train

detention staff in the operation of new

generation jails. The BIA Indian Police

Academy offers detention officer

training and is revamping its detention

officers’ curriculum to incorporate

direct supervision methodologies and

philosophies.

(9) Incorporation of the rate of facility

capacity as a mandatory standard.

During drafting of the rule, BIA agreed

that mandatory standards would be

limited to those areas that create a

potential danger to the life, health, and

safety of inmates, staff, and/or the

community, and those areas in which

there are other statutes, regulations, or

directives that mandate compliance.

The recommendation will not be

incorporated in this rule.

(10) Inclusion and/or clarification of

the following definitions: (a) Protective

Holding Cell—a specialized cell or room

that is utilized to detain or isolate an

incapacitated or combative individual(s)

for a short period of time, in the

standards. The protective holding cell

may be equipped with specialized

security and/or medical equipment to

control and manage individuals

detained in these areas in a safe, secure,

and humane environment. (b) Special

Management—confinement of a

detainee in an individual cell that is

separated from the remainder of the

population for the purpose of

disciplinary, administrative segregation,

protective custody, or medical

segregation, in standards. The

exceptions to house an inmate in special

management must coincide with this

criteria. (c) Multiple Occupancy Cells or

Rooms—an area, room or cell housing

more than two and less than fifty

persons. These recommendations were

incorporated in the standards or rule.

(11) Addition of Designated Security

Post to clarify staffing requirements.

(12) Addition of Adult Holding

Facility and Mass Arrest to the

definitions for this rule. The Department

of the Interior, Office of Regulatory

Affairs established the definitions

section for this rule. The

recommendation will not be

incorporated in this rule.

(13) Inclusion of square footage

requirements as a mandatory standard.

During drafting of the rule, BIA agreed

that mandatory standards would be

limited to those areas that create a

potential danger to the life, health, and

safety of inmates, staff, and/or the

community, and those areas in which

there are other statutes, regulations, or

directives that mandate compliance.

The recommendation will not be

incorporated in this rule.

(14) Addition of a transition program

for accepting, moving into, and

operating a new facility beginning one

year prior to the completion of a facility.

The Planning of New Institutions

(PONI) is the Bureau’s process for

constructing and operating new

facilities in Indian country. The Bureau

has determined that this transition must

begin when the construction phase

starts. The recommendation will not be

incorporated in this rule.

(15) Consolidation of limitations on

inmate correspondence and inspection

of letters and packages. Upon review, it

was decided that no change would be

made. The limitations on inmate

correspondence addresses the volume of

lawful correspondence an inmate may
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34373

send or receive. The standard dealing

with the inspection of letters and

packages addresses the search of inmate

mail for contraband. The

recommendation will not be

incorporated in this rule.

(16) Removal of the requirement that

a governing board or advisory

committee oversee the operation of a

residential facility. The structure of

these programs will be the

responsibility of the tribe. Oversight of

these facilities should include

representation from the community and

the overall Tribal government. The

recommendation will not be

incorporated in this rule.

(17) Removal of the designated staff

position for recreational and leisure

activities, would not be realistic due to

the limited staff resources. A position

must be specified for accountability

purposes, however, the administrator

will have the latitude to designate

collateral duties where staff is limited.

The recommendation will not be

incorporated in this rule.

(18) Amendment of Staffing

Requirements to Administrative Review

of Staff Requirement to include

institutional operations dealing with

staff requirements. The staffing

requirement in the Administration and

Management section is an institutional

requirement that staff be on board at all

times to operate the facility, rather than

the administrative process to review

staffing patterns within the institution.

The recommendation will not be

incorporated in this rule.

(19) Inclusion of comparable tribal

regulations in the standards. The

standards indicate that non-regulatory

documents will not be incorporated into

the rule. The standards were developed

for BIA operated detention/correctional

facilities and programs, but permit

tribes to operate under comparable

tribal regulations when the program is

contracted under the Indian SelfDetermination and Education

Assistance Act. The recommendation

will not be incorporated in this rule.

National Commission on Correctional

Health Care and the American

Psychiatric Association

The recommendation by the National

Commission on Correctional Health

Care (NCOCHC) and American

Psychiatric Association suggested

replacing the drafted health care

standards developed in association with

the Indian Health Service with the

NCOCHC’s standards for health services

in jails. Indian country detention and

holding facilities, in general, are smaller

than the facilities referenced in

NCOCHC standards. The NCOCHC

standards are unrealistic for reservation

facilities. The Indian Health Service has

a legal obligation to provide health

services to Indian people and to

mandate NCOCHC’s standards is

duplicative. The Bureau standards are

equal to or exceed the American

Correctional Association standards.

These standards are consistent with

national professional standards. The

recommendation will not be

incorporated in this rule.

Changes Reflecting Department of the

Interior Policy

The Office of Regulatory Affairs and

the Office of the Solicitor, Department

of the Interior, indicated that the

proposed rule was predominately

standards and procedures for the

operation of detention or holding

facilities in Indian country; as such they

should not be published in the Code of

Federal Regulations. This is consistent

with Executive Order 12866 that

mandates that agencies streamline the

regulatory process and enhance the

planning and coordination of new and

existing regulations.

The Bureau has separated the

operational standards and day-to-day

guidance from the rulemaking process.

The operational standards are now

included in easy-to-read reference

handbooks and guides. These

handbooks and guides are specific to

Indian country detention and holding

facilities. They are now part of the

Bureau’s operations management

handbook and are available to the

public, tribal programs, and BIA

employees upon request. Inmates will

receive written guidelines at the time of

booking into a facility detailing what

behavior will be expected of them, their

rights and privileges, and the

nutritional/medical/emergency

treatment to be provided.

Public comments have been

incorporated in the ‘‘Indian Country

Detention Facilities and Programs 69’’

(Chapter 69 Bureau of Indian Affairs

Manual) and accompanying handbooks.

The Inmate Handbook ensures that all

persons incarcerated in Indian country

detention or holding facilities

understand their rights, privileges,

safety procedures, detainee treatment

during incarceration, and the behavior

expected of detainees.

Evaluation and Certification

Executive Order 12988

The Department has determined that

these regulations meet the applicable

standards provided in sections 3(a) and

3(b)(2) of Executive Order 12988.

Executive Order 12866

This rule is not a significant

regulatory action under Executive Order

12866.

Regulatory Flexibility Act

This rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C.

§ 601 et seq.)

Executive Order 12630

The Department has determined that

this rule does not have ‘‘significant’’

takings implications. The rule does not

pertain to ‘‘taking’’ of private property

interests, nor does it impact private

property.

Executive Order 12612

The Department has determined that

this rule does not have significant

federalism effects because it pertains

solely to Federal-tribal relations and

will not interfere with the roles, rights

and responsibilities of states.

NEPA Statement

The Department has determined that

this rule does not constitute a major

Federal action significantly affecting the

quality of the human environment and

that no detailed statement is required

pursuant to the National Environmental

Policy Act of 1969.

Unfunded Mandates Act of 1995

This proposed rule imposes no

unfunded mandates on any

governmental or private entity and is in

compliance with the provisions of the

Unfunded Mandates Act of 1995.

Paperwork Reduction Act of 1995

This rule has been examined under

the Paperwork Reduction Act of 1995

and has been found to contain no

information collection requirements.

Drafting Information

The primary author of this document

is Warren LeBeau, Detention Specialist,

Bureau of Indian Affairs, Office of Law

Enforcement Services.

List of Subjects in 25 CFR Part 10

Buildings, Indians, Law enforcement,

Prisoners, Youth.

For the reasons given in the preamble,

a new part 10 is added to Chapter I of

title 25 of the Code of Federal

Regulations as set forth below.
34374 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

PART 10—INDIAN COUNTRY

DETENTION FACILITIES AND

PROGRAMS

Sec.

10.1 Why are policies and standards needed

for Indian country detention programs?

10.2 Who is responsible for developing and

maintaining the policies and standards

for detention and holding facilities in

Indian country?

10.3 Who must follow these policies and

standards?

10.4 What happens if the policies and

standards are not followed?

10.5 Where can I find the policies and

standards for the administration,

operation, services, and physical plant/

construction of Indian country detention,

Inmate Handbook, and holding facilities?

10.6 How is the BIA assured that the

policies and standards are being applied

uniformly and facilities are properly

accredited?

10.7 Where do I find help or receive

technical assistance in complying with

the policies and standards?

10.8 What minimum records must be kept

and reports made at each detention,

Inmate Handbook, or holding facility in

Indian country?

10.9 If a person is detained or incarcerated

in an Indian country detention, Inmate

Handbook, or holding facility, how

would they know what their rights,

privileges, safety, protection and

expected behavior would be?

10.10 What happens if I believe my civil

rights have been violated while

incarcerated in an Indian country

detention or holding facility?

10.11 How would someone detained or

incarcerated, or their representative, get

the BIA policies and standards?

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13,

2417, 2453, and 2802.

§ 10.1 Why are policies and standards

needed for Indian country detention

programs?

Policies and standards are required to

ensure that all Bureau of Indian Affairs

(BIA) and tribal entities that receive

Federal funding for the operation,

maintenance, design and construction

or renovation of detention facilities,

Inmate Handbook, or holding facilities

are supporting constitutional rights and

are complying with the Indian Law

Enforcement Reform Act of 1990. Selfgovernance tribes and tribes with

limited jurisdiction are encouraged to

follow the regulations in this part, and

other BIA manuals and handbooks. The

provision for funding tribes for

detention programs under the Indian

Alcohol and Substance Abuse

Prevention and Treatment Act, Public

Law 99–570, (25 U.S.C. 2453) requires

standards and procedures for such

facilities.

§ 10.2 Who is responsible for developing

and maintaining the policies and standards

for detention and holding facilities in Indian

country?

The Director, Office of Law

Enforcement Services who reports to the

Deputy Commissioner of Indian Affairs,

BIA, establishes policies, procedures,

and standards for the operations, design,

planning, maintenance, renovation, and

construction of detention programs in

the BIA and by tribal contract under

Indian Self-Determination and

Education Assistance Act, Public Law

93–638, as amended, 25 U.S.C. 450.

§ 10.3 Who must follow these policies and

standards?

You must follow these minimum

policies, standards, and guides if you

are part of the BIA or tribal detention or

rehabilitation program receiving Federal

funding. Self-governance tribes and

tribes with limited jurisdiction are

encouraged to follow the regulations in

this part, and other BIA manuals and

handbooks. Detention officers, guards,

cooks and other staff conducting

business in the facilities must meet

minimum standards of law enforcement

personnel as prescribed in 25 CFR part

12, subpart D, ‘‘Qualifications and

Training Requirements.’’ Those tribal

programs not receiving Federal funding

under the Indian Self-Determination

and Education Assistance Act (Public

Law 93–638, as amended) who wish to

be accredited are encouraged to use the

policies and standards in that part since

they have been modified and approved

for Indian country.

§ 10.4 What happens if the policies and

standards are not followed?

The risk for human and civil rights

violations due to lack of common

standards will subject the operation

and/or facility to unnecessary exposure

to liability. Lack of employee standards,

particularly for training and background

checks, will increase the risk of

misconduct and vicarious liability of the

tribes and the Federal government

through tort claims. Funding sources for

detention programs may become scarce

to nonexistent because of contract

noncompliance. The tribes’ opportunity

to receive funding from potential

resource sharing agreements with other

law enforcement agencies may be

damaged because the facility may have

to be closed for cause due to violation

of the life safety codes.

§ 10.5 Where can I find the policies and

standards for the administration, operation,

services, and physical plant/construction of

Indian country detention, Inmate Handbook,

and holding facilities?

The Bureau of Indian Affairs,

Department of the Interior, maintains a

manual of policies and procedures

called the Bureau of Indian Affairs

Manual (BIAM). The Chapter 69 BIAM

titled ‘‘Indian Country Detention

Facilities and Programs,’’ contains the

BIA’s policies, procedures, and

standards for detention and holding

programs in Indian country. The

standards for the programs within the

BIAM are in handbook format for easy

field reference and use. Copies of the

Chapter 69 BIAM and handbooks may

be obtained from the Director, Office of

Law Enforcement Services.

§ 10.6 How is the BIA assured that the

policies and standards are being applied

uniformly and facilities are properly

accredited?

The tribes and BIA programs will use

a phased approach to meeting all nonmandatory detention standards and will

document progress on uniform

reporting. The BIA Office of Law

Enforcement Services will conduct

periodic operational evaluations for

oversight.

§ 10.7 Where do I find help or receive

technical assistance in complying with the

policies and standards?

The BIA has a trained Detention

Specialist on the staff of the Office of

Law Enforcement Services,

Albuquerque, New Mexico, who is

available to conduct evaluations and

provide technical assistance or guidance

in all facets of Indian country detention

programs.

§ 10.8 What minimum records must be

kept and reports made at each detention,

Inmate Handbook, or holding facility in

Indian country?

The Director, Office of Law

Enforcement Services, BIA, will develop

all necessary requirements for

maintaining records, reporting data, and

archiving information. These

requirements will be published in 69

BIAM, ‘‘Indian Country Detention

Facilities and Programs.’’

§ 10.9 If a person is detained or

incarcerated in an Indian country detention,

Inmate Handbook, or holding facility, how

would they know what their rights,

privileges, safety, protection and expected

behavior would be?

When an individual is incarcerated in

an Indian country detention, Inmate

Handbook, or holding facility, he/she

will be given, or in some cases notified

of the availability of, an Inmate
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34375

Handbook. This book of guidelines

describes in detail the inmate’s rights,

privileges, protection and safety,

cleanliness and sanitation, and general

health and nutritional standards. The

Inmate Handbook describes the

emergency evacuation procedures,

medical, counseling, rehabilitation

services, visitation procedures, and

other appropriate information. The

Inmate Handbook is published by the

Director, Office of Law Enforcement

Services and maintained by the

detention facility administrator at each

facility location.

§ 10.10 What happens if I believe my civil

rights have been violated while incarcerated

in an Indian country detention or holding

facility?

All allegations of civil rights

violations must be reported immediately

to the Internal Affairs Branch of the

Office of Law Enforcement Services.

This office will ensure that such

allegations are immediately reported to

the Civil Rights Division of the U.S.

Department of Justice through

established procedures. The BIA

Internal Affairs Branch may also

investigate alleged violations and make

recommendations for additional action

as necessary. Detailed instructions on

the procedure to report violations can be

found in the Inmate Handbook.

§ 10.11 How would someone detained or

incarcerated, or their representative, get the

BIA policies and standards?

At each detention, Inmate Handbook,

or holding facility located in a tribal

jurisdiction where federal funds are

used for operations or maintenance

programs, the BIA’s policies, standards,

and procedures will be made available

upon request. The Inmate Handbook

will be made available to all persons at

the time they are incarcerated or

detained in a facility. There may be

times when this may be delayed due to

the physical or mental condition of the

person at time of incarceration. In these

cases, the Inmate Handbook will be

made available when the person is

deemed receptive and cognizant by the

detention officer in charge. All policies,

standards, procedures, and guidelines

are available at each facility to the

public or by writing to the Director,

Office of Law Enforcement Services.

Dated: May 28, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16042 Filed 7–1–96; 8:45 am]

BILLING CODE 4310–02–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 22 and 90

[WT Docket No. 96–18; PP Docket No. 93–

253; FCC 96–260]

Future Development of Paging

Systems; Implementation of Section

309(J) of the Communications Act—

Competitive Bidding

AGENCY: Federal Communications

Commission.

ACTION: Final Rule; Order on

Reconsideration of Interim Rules.

SUMMARY: In this Order on

Reconsideration in WT Docket No. 96–

18 and PP Docket No. 93–253, the

Commission modifies the First Report

and Order in this docket by expanding

the number of licensees that can modify

their paging systems by adding sites,

due to the paging industry’s claims that

such relief is necessary to allow paging

operators to meet customer needs and

improve service to the public while this

rulemaking is pending. The Commission

will allow applications for additional

sites by incumbent licensees who had

filed paging applications by October 1,

1995, rather than February 8, 1996, thus

expanding the potential number of

paging licensees that can expand their

systems.

EFFECTIVE DATE: July 2, 1996.

FOR FURTHER INFORMATION CONTACT:

Mika Savir or Rhonda Lien, Commercial

Wireless Division at (202) 418–0620.

SUPPLEMENTARY INFORMATION: This

Order on Reconsideration in WT Docket

No. 96–18, PP Docket No. 93–253,

adopted June 10, 1996 and released June

11, 1996, is available for inspection and

copying during normal business hours

in the FCC Reference Center, Room 230,

1919 M Street N.W., Washington, DC.

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Service,

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

Washington DC., 20037, (202) 857–3800.

Synopsis of Order on Reconsideration

of First Report and Order:

I. Background

In the Notice of Proposed Rulemaking

(NPRM), 61 FR 06199, February 16,

1996, the Commission suspended

acceptance of new paging applications

governed by parts 22 and 90 of the

Commission’s rules in conjunction with

a proposal to convert from site-by-site

licensing of paging channels to licensing

on a geographic area basis. In the First

Report and Order (First R&O), 61 FR

21380, May 10, 1996, the Commission

adopted interim measures allowing

incumbents on non-nationwide paging

channels to apply for new sites to

expand existing systems, subject to

certain limitations, during the pendency

of the rulemaking proceeding. On its

own motion, the Commission makes

certain modifications to the interim

licensing rules established by the First

R&O, as discussed below.

In the First R&O, the Commission

allowed incumbents to expand the

geographic coverage of their systems by

adding transmission sites to their

systems within a defined distance of

existing, operating sites. Specifically,

the First R&O provided that applications

could be filed for new sites provided

that the applicant certifies that the

proposed site is within 65 kilometers

(40 miles) of an operating site licensed

to the same applicant on the same

channel prior to the NPRM, that is,

February 8, 1996. Thus, under the terms

of the First R&O, incumbents may not

use sites licensed after February 8, 1996

as the basis for filing applications for

additional expansion sites under the

interim rules.

II. Order on Reconsideration

At the time the Commission adopted

the NPRM, the Wireless

Telecommunications Bureau (Bureau)

was engaged in reducing a significant

backlog of pending paging applications,

primarily in the 931 MHz band, many

of which had been pending for a year or

more. Since the NPRM was adopted, the

Bureau has significantly reduced the

backlog by processing all non-mutually

exclusive applications filed through

September 30, 1995. In ex parte

presentations and in comments filed

with the Commission, incumbent paging

operators have argued that the

processing backlog delayed licensing of

sites that otherwise would have been

granted prior to February 8, 1996.

Accordingly, these commenters contend

that they should not be precluded from

using these newly licensed sites as a

basis for expansion.

III. Discussion

The Commission agrees that because

of the time it has taken to process

certain paging applications, it should

allow incumbents to use some sites that

were not licensed as of February 8, 1996

as a basis for expansion. Due to the large

number of 931 MHz applications filed

in the past few years, the Bureau has

developed a computer software program

to identify and process non-mutually

exclusive applications. The Bureau

began using the program to process

backlogged applications in mid-1995.

However, some applications for 931