Agencies and Commissions August 17, 2005 – Federal Register Recent Federal Regulation Documents
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Implementation of the Satellite Home Viewer Extension and Reauthorization Act (SHVERA)
The Federal Communications Commission received Office of Management and Budget (OMB) approval for the revised public information collection, OMB Control Number 3060-0980, Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004, Procedural Rules, FCC 05-81. FCC 05-81 was published at 70 FR 21669, April 27, 2005. Therefore, the Commission announces that 47 CFR 76.66(d)(2) and (d)(5) will become effective on August 15, 2005.
Children's Television Obligation of Digital Television Broadcasters
The Federal Communications Commission has received Office of Management and Budget (OMB) approval for the revised public information collection, OMB Control Number 3060-0750, Children's Television Obligation of Digital Television Broadcasters, MB Docket No. 00-167, FCC 04-221. FCC 04-221 was published at 70 FR 25 (January 3, 2005), correction published at 70 FR 9876 (March 1, 2005). Therefore, the Commission announces that 47 CFR 73.671(c)(5) is effective September 19, 2005.
Requirements for Nondiscriminatory Access to Directory Assistance
This document denies BellSouth Corporation (BellSouth) and SBC Communications Inc.'s (SBC) joint request that the Federal Communications Commission (Commission) reconsider the Commission's conclusion that local exchange carriers (LECs) may not impose specific contractual restrictions on competing directory assistance (DA) providers' use of DA data obtained pursuant to section 251(b)(3) of the Communications Act of 1934, as amended. The Order on Reconsideration (Order) clarifies that competing DA providers may not, however, use data obtained pursuant to this section for purposes not permitted by the Act, the Commission's rules, or state regulations. The Order also denies petitioners' joint request that the Commission reconsider its conclusion that LECs are required to provide nondiscriminatory access to local DA data acquired from third parties. Finally, the Order denies SBC's petition for reconsideration of the Commission's determination that competing providers are entitled to nondiscriminatory access to operator services (OS), DA and features adjunct to these services.
Extensions of Credit by Federal Reserve Banks
The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of an increase in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically increased by formula as a result of the Board's primary credit rate action.
Office of Transportation and Property Management; The Third Annual AMSA and GSA Household Goods and Freight Forum
The General Services Administration (GSA) will hold its third annual Household Goods and Freight Forum on February 2223, 2006 at the Hyatt Regency, Orange County, Garden Grove (Anaheim) California. This event is co-sponsored by the American Moving and Storage Association (AMSA). Creating Best Value Solutions is the theme for this 2006 transportation forum. GSA and its partners have planned educational and instructive sessions. Join Traffic Managers, Relocation Specialists, Freight Specialists, Financial Analysts, Contracting Officers, Transportation Policy Specialists, Administrative Support Personnel, and others managing or impacting transportation and relocation processes within their organizations. Receive the most recent training on freight and household goods transportation issues, relocations changes and updates, and technology enhancements. Also learn more about GSA's proposed rule that requires employees whose duties involve procuring transportation services (including rate tender procurements) to be properly certified and authorized in writing to obligate government funds. Attendees will have the opportunity to interface with industry leaders and government experts. Find solutions that create best value for your organization and hear how other agencies were able to achieve this goal within their organizations. The vendor exhibits will feature the latest technology, products, and services. Federal agencies may learn more about the Household Goods and Freight Forum and register at https://www.gsa.gov/hhgfrtforum. Industry registration is at www.promover.org.
Federal Acquisition Regulation; Submission for OMB Review; Payment by Electronic Fund Transfer
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning payment by electronic fund transfer. A request for public comments was published in the Federal Register at 70 FR 34104, June 13, 2005. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
State of Nevada; Denial of a Petition for Rulemaking
The U.S. Nuclear Regulatory Commission (NRC or Commission) is denying a petition for rulemaking submitted by the State of Nevada (PRM-51-8). The petitioner requests that NRC amend a decision reached in a 1990 rulemaking, referred to as the ``Waste Confidence'' decision, that at least one mined geologic repository will be available within the first quarter of the twenty-first century as well as a regulation making a generic determination of no significant environmental impact from the temporary storage of spent fuel after cessation of reactor operation which incorporates this decision. Petitioner believes that the decision and rule must be amended to avoid ``prejudging'' the outcome of the anticipated licensing proceeding on a potential application from the Department of Energy for a construction authorization for a geologic repository at the Yucca Mountain, Nevada site. The NRC is denying the petition because the petition fundamentally misconstrues the decision NRC reached in 1990 and because the information provided in the petition does not meet the criteria NRC set in 1999 for reopening the Waste Confidence findings. Further, the Commission's commitment to a fair and comprehensive adjudication on a potential license application for Yucca Mountain is not jeopardized by the 2025 date for repository availability. Under these circumstances, the Commission finds no reason to undertake the burden of reopening the Waste Confidence decision.
Structural Steel Beams From Japan and Korea
The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the countervailing duty order on structural steel beams from Korea and the antidumping duty orders on structural steel beams from Japan and Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Notice of Action Subject to Intergovernmental Review Under Executive Order 12372
The Small Business Administration (SBA) is notifying the public that it intends to grant the pending applications of 42 existing Small Business Development Centers (SBDCs) for refunding on January 1, 2006, subject to the availability of funds. Fourteen states do not participate in the EO 12372 process therefore, their addresses are not included. A short description of the SBDC program follows in the supplementary information below. The SBA is publishing this notice at least 90 days before the expected refunding date. The SBDCs and their mailing addresses are listed below in the address section. A copy of this notice also is being furnished to the respective State single points of contact designated under the Executive Order. Each SBDC application must be consistent with any area-wide small business assistance plan adopted by a State-authorized agency.
Nomenclature Changes
The Commission is adopting minor nomenclature changes in provisions appearing in the Code of Federal Regulations, including the rules of practice. The changes reflect the agency's relocation of its physical offices. Adoption of these changes will provide the public with accurate information about the Commission's new address.
Revised Medical Criteria for Evaluating Visual Disorders
We propose to revise the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving visual disorders. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The proposed revisions reflect our program experience and advances in medical knowledge, treatment, and methods of evaluating visual disorders.
Radio Broadcasting Services; Altheimer, AR and Little Rock, AR
At the request of Charles Crawford, Channel 251C3 is allotted at Altheimer, Arkansas, as the community's first local aural transmission service. Station KURB(FM), Channel 253C, Little Rock, Arkansas is reclassified as 253C0 pursuant to the reclassification procedures adopted by the Commission. See Second Report and Order in MM Docket 98-93 (1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules) 65 FR 79773 (2000). An Order to Show Cause was issued to Citadel Broadcasting Company, licensee of Station KURB(FM) (RM-11102). Channel 251C3 is allotted at Altheimer, Arkansas, at Petitioner's requested site 20.4 kilometers (12.7 miles) southwest of the community at coordinates 34- 09-00 NL and 91-56-00 WL.
Radio Broadcasting Services; Morgan, GA
The Audio Division, at the request of Donald F. White and Jerry E. White d/b/a Morgan Radio Company, allots Channel 228A at Morgan, Georgia, as the community's first local aural transmission service (RM-10420). See 67 FR 39933, June 11, 2002. We also dismiss the counterproposal filed by Clyde Scott, Jr. d/b/a EME Communications, proposing the allotment of Channel 228C3 in lieu of Channel 228A at Morgan, Georgia (RM-10546). The allotment of Channel 228C3 at Morgan was not considered because EME Communications failed to express an interest in applying for the channel, if allotted. Channel 228A can be allotted to Morgan in compliance with the Commission's minimum distance separation requirements at city reference coordinates. The coordinates for Channel 228A are 31-32-15 North Latitude and 84-35-58 West Longitude.
Radio Broadcasting Services; Columbus, IN
This document requests comments on a petition for rulemaking filed by Columbus Community Radio Corporation, licensee of Station WHUM-LP, Channel 253L1, Columbus, Indiana, requesting allotment of Channel 228A at Columbus, Indiana, and its reservation for noncommercial educational use. Channel 228A can be allotted and reserved for NCE use in compliance with the Commission's minimum distance separation requirements, with the imposition of a site restriction of 7.9 kilometers (4.9 miles) southeast at reference coordinates 39-09-06 NL and 85-52-09 WL.
Radio Broadcasting Service; Big Spring, TX
The Audio Division, at the request of Charles Crawford allots Channel 265C3 at Big Spring, Texas, as the community's third local commercial FM service. See 70 FR 19397, published April 13, 2005. Channel 265C3 can be allotted to Big Spring in compliance with the Commission's minimum distance separation requirements at the center of the community. The reference coordinates for Channel 265C3 at Big Spring are 32-12-00 North Latitude and 101-18-00 West Longitude with a site restriction of 17.7 kilometers (11 miles) east of Big Spring. Mexican concurrence has been requested. A filing window for Channel 265C3 at Big Spring, Texas will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order.
Radio Broadcasting Services; Brigham City, UT, Fountain Green, UT, Opal and Reliance WY; and Price and Woodruff, UT
The Audio Division, at the request of Simmons-SLC, LS, LLC, reallots Channel 264C from Brigham City to Woodruff, Utah, and modifies Station KEGH(FM)'s license accordingly (RM-10774). To accommodate the reallotment, we will (1) substitute Channel 254C3 for vacant Channel 265C3 at Reliance, Wyoming; (2) substitute Channel 261A for Channel 265C2 at Price, Utah, and modify Station KWSA(FM)'s reference coordinates and license accordingly; and (3) modify the reference coordinates for vacant Channel 260A at Fountain Green, Utah. At the request of Black Diamond Broadcasting, we also dismiss the petition for rule making proposing the allotment of Channel 263A at Opal, Wyoming (RM-10543). See 67 FR 63874, October 16, 2002. See Supplementary Information, infra.
Radio Broadcasting Services; Meyersville and San Antonio, TX
This document requests comments on a Petition for Rule Making filed by Charles Crawford requesting the allotment of Channel 261A at Meyersville, Texas, as that community's first local aural transmission service. To accommodate this allotment, Petitioner requests the reclassification of FM Station KCYY, Channel 262C, San Antonio, Texas, to specify operation on Channel 262C0 pursuant to the reclassification procedures adopted by the Commission. See 1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 65 FR 79773 (December 20, 2000). In response to an Order to Show Cause why Station KCYY should not be downgraded from Channel 262C to 262C0, the licensee of FM Station KCYY stated that it would file an application meeting minimum Class C FM standards within the period required by our rules. Since such an application has not been filed, the Commission proposes to reclassify Station KCYY to Class C0. Channel 261A can be allotted with a site restriction 2.0 kilometers (1.2 miles) southwest of Meyersville, at reference coordinates 28-54-58 NL and 97-19-37 WL. To accommodate the proposed allotment, the Commission proposes the reclassification of FM Station KCYY to specify operation on Channel 262C0.
Radio Broadcasting Services; Glenmora and Marksville, LA and Orange, TX
This document requests comments on two mutually exclusive Petitions for Rule Making. The first proposal, filed by Charles Crawford requests the allotment of Channel 292A at Glenmora, Louisiana, as that community's first local aural transmission service. To accommodate this allotment, Crawford requests the reclassification of FM Station KIOC, Channel 291C, Orange, Texas, to specify operation on Channel 291C0 pursuant to the reclassification procedures adopted by the Commission. See 1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 65 FR 79773 (2000). An Order to Show Cause was issued to Capstar TX Limited Partnership, licensee of FM Station KIOC to which no response was received. The second proposal, filed by Goudeau, Inc. proposes the allotment of Channel 292A at Marksville, Louisiana, as its second local service. A staff engineering analysis has determined that the reclassification of FM Station KIOC to specify operation on Channel 291C0 at Orange, Texas will eliminate any short spacing to the proposed Channel 292A at Glenmora, Louisiana. As a result, Channel 292A can be allotted to Glenmora, in conformity with the Commission's rules, provided there is a site restriction of 12.2 kilometers (7.6 miles) west at reference coordinates 31-00-35 NL and 92-42-30 WL. Alternatively, Channel 292A can be allotted to Marksville, Louisiana, consistent with the minimum distance separation requirements of Sec. 73.207(b) of the Commission's rules, provided there is a site restriction of 9.7 kilometers (6 miles) west at reference coordinates 31-06-34 NL and 92-09-55 WL.
Radio Broadcasting Services; Meeteetse, Wyoming
The Audio Division, on its own motion, proposes the substitution of Channel 259C for vacant Channel 273C at Meeteetse, Wyoming. The current allotment of Channel 273C at Meeteetse is not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules. The proposed substitution would resolve an existing distance spacing conflict. In this instance, existing vacant Channel 273C at Meeteetse is short-spaced to the licensed site of FM Station KHOC, Channel 273C, Casper, Wyoming. Channel 273C at Meeteetse is located 260.3 kilometers apart from FM Station KHOC. The minimum distance spacing requirement is 290 kilometers. Channel 259C can be allotted to Meeteetse, Wyoming in conformity with the Commission's rules without a site restriction at reference coordinates 44-09-26 NL and 108-52-15 WL.
Radio Broadcasting Services; Fernandina Beach and Yulee, FL
The Audio Division seeks comment on a petition filed by Tama Radio Licenses of Jacksonville, FL, Inc., licensee of Station WJSJ(FM), Channel 287A, Fernandina Beach, Florida, proposing the reallotment of Channel 287A from Fernandina Beach to Yulee, Florida, as its first local service and modification of the Station WJSJ(FM) license accordingly. To accommodate this proposed reallotment, Petitioner also requests the relocation of the transmitter site for its FM Station WSJF, Channel 288C3, St. Augustine Beach. Channel 287A can be allotted to Yulee in conformity with the Commission's rules, provided there is a site restriction of 10.6 kilometers (6.6 miles) southeast at reference coordinates 30-34-00 NL and 81-31-30 WL. To facilitate the proposed Yulee reallotment, the transmitter site for FM Station WSJF can be relocated, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 7.0 kilometers (4.3 miles) south at reference coordinates 29-46-53 NL and 81-15-25 WL. In accordance with the provisions of Section 1.420(i) of the Commission's rules, we shall not accept competing expressions of interest pertaining to the use of Channel 287A at Yulee, Florida.
Radio Broadcasting Services; Munford and Talladega, AL
In response to a Notice of Proposed Rule Making, 69 FR 8357 (February 24, 2004), this Report and Order reallots Channel 224A, Station WTDR(FM) (``WTDR''), Talladega, Alabama, to Munford, Alabama, and modifies Station WTDR's license accordingly. The coordinates for Channel 224A at Munford, Alabama, are 33-29-12 NL and 85-59-15, with a site restriction of 5.9 kilometers (3.6 miles) southwest of Munford.
Radio Broadcasting Services; Falmouth, Midway and Owingsville, KY
This document requests comments on a petition for rulemaking filed jointly by L.M. Communications of Kentucky, LLC, licensee of Station WBTF(FM), Midway, Kentucky, and Gateway Radio Works, Inc., licensee of Station WKCA(FM), Owingsville, Kentucky, proposing to substitute Channel 298C3 for Channel 300A at Midway, Kentucky and modify Station WBTF's license accordingly, to substitute Channel 295A for 299A at a new site at Owingsville, Kentucky and modify Gateway's license for Station WKCA accordingly, and to substitute Channel 300A for Channel 299A at Falmouth, Kentucky and modify the Station WIOK(FM) license accordingly. Hammond Broadcasting, Inc., Ltd., licensee of Station WIOK(FM) is ordered to show cause why its license should not be modified to specify operation on Channel 300A in lieu of 299A at Owingsville. Channel 298C3 can be allotted at Midway, Kentucky at a site 12.3 kilometers (7.6 miles) southeast of the community at coordinates 38-06-25 NL and 84-33-19 WL. Channel 300A can be allotted at Falmouth at Station WIOK's current site 10.3 kilometers (6.4 miles) south of the community at coordinates 38-35-13 NL and 84-21-40 WL. Channel 295A can be allotted at Owingsville at Petitioners' requested site 14.0 kilometers (8.7 miles) east of the community 38-08-41 NL and 84-08-34 WL.
Radio Broadcasting Services; Fruit Cove and St. Augustine, FL
This document requests comments on a petition for rulemaking filed by Renda Broadcasting Corporation of Nevada, licensee of Station WSOS-FM, Channel 231C3, St. Augustine, Florida. Petitioner proposes to reallot Channel 231C3 from St. Augustine to Fruit Cove, Florida, as the community's first local transmission service, and to modify the license for Station WSOS-FM to reflect the change of community. The proposed coordinates for Channel 231C3 at Fruit Cove are 30-01-27 NL and 81-36- 19 WL with a site restriction of 10.2 kilometers (6.4 miles) south of the community.
Radio Broadcasting Services; Sierra Vista and Tanque Verde, AZ
The Audio Division seeks comment on a petition filed by CCR- Sierra Vista IV, LLC, licensee of FM Station KZMK, Channel 265A, Sierra Vista, Arizona, proposing the reallotment of Channel 265A from Sierra Vista to Tanque Verde, Arizona, as its first local service and modification of the FM Station KZMK(FM) license accordingly. Channel 265A can be allotted to Tanque Verde in conformity with the Commission's rules, provided there is a site restriction of 9.2 kilometers (5.7 miles) north at reference coordinates 32-19-59 NL and 110-45-19 WL. Tanque Verde is located within 320 kilometers (199 miles) of the U.S.-Mexican border and the proposed reallotment is short-spaced to Mexican vacant Channel 266B, Sasabe, SO by 3.1 kilometers. As such, Mexican concurrence for this proposed reallotment has been requested as a specially negotiated short-spaced limited allotment. In accordance with the provisions of Section 1.420(i) of the Commission's rules, we shall not accept competing expressions of interest pertaining to the use of Channel 265A at Tanque Verde.
Radio Broadcasting Services; Georgetown, Mason, and Oxford, OH, Salt Lick, KY and West Union, OH
This document grants a petition filed by Balogh Broadcasting Company, Inc., licensee of Station WOXY(FM), Channel 249A, Oxford, Ohio, Richard L. Plessinger, Sr., licensee of Station WAXZ(FM), Channel 249A, Georgetown, Ohio, and Dreamcatcher Communications, Inc., licensee of Station WRAC(FM), Channel 276A, West Union, Ohio requesting the reallotment of Channel 249A from Oxford to Mason, Ohio, as its first local service and modification of the Station WOXY(FM) license; reallotment of Channel 249A from Georgetown, Ohio to Salt Lick, Kentucky, as its first local service and modification of the Station WAXZ(FM) license; and reallotment of Channel 276A from West Union to Georgetown, Ohio to prevent removal of sole existing local service and modification of the Station WRAC(FM) license. See 69 FR 67882, published November 22, 2004. See SUPPLEMENTARY INFORMATION, supra.
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