Revision of the Public Notice Requirements of Section 73.3580, 37728-37731 [05-13026]

Download as PDF 37728 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules effective December 24, 2001 (66 FR 53728, October 24, 2001). We reserve the amendment of 40 CFR part 272, subpart P for the codification of Indiana’s program changes until a later date. K. Statutory and Executive Order Reviews This proposed rule only authorizes hazardous waste requirements pursuant to RCRA 3006 and imposes requirements other than those imposed by State law (see SUPPLEMENTARY INFORMATION, Section A. Why are Revisions to State Programs Necessary?). Therefore this rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 18266: Regulatory Planning Review The Office of Management and Budget has exempted this rule from its review under Executive Order 12866 (58 FR 51735, October 4, 1993). 2. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). this rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian Tribes, or on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.) the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indians-lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. This rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it is not based on environmental health or safety risks. 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action as defined in Executive Order 12866. 9. National Technology Transfer Advancement Act After considering the economic impacts of today’s rule on small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I certify that this rule will not have a significant economic impact on a substantial number of small entities. EPA approves State programs as long as they meet criteria required by RCRA, so it would be inconsistent with applicable law for EPA, in its review of a State program, to require the use of any particular voluntary consensus standard in place of another standard that meets requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply to this rule. 4. Unfunded Mandates Reform Act 10. Executive Order 12988 Because this rule approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. 3. Regulatory Flexibility Act 5. Executive Order 13132: Federalism 11. Executive Order 12630: Evaluation of Risk and Avoidance of Unanticipated Takings Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply to this rule because it will not have federalism implications (i.e., substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the executive order. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments 12. Congressional Review Act Executive Order 13175 (65 FR 67249, November 9, 2000) does not apply to VerDate jul<14>2003 15:17 Jun 29, 2005 Jkt 205001 EPA will submit a report containing this rule and other information required by the Congressional Review Act (5 U.S.C. 801 et seq.) To the U.S. Senate, PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Authority: This action is issued under the authority of sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b). Dated: June 16, 2005. Margaret Guerriero, Acting Regional Administrator, Region 5. [FR Doc. 05–12940 Filed 6–29–05; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 05–6; FCC 05–10] Revision of the Public Notice Requirements of Section 73.3580 Federal Communications Commission. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: This Notice of Proposed Rulemaking (‘‘NPRM’’) requests comment on whether we should modify the notice that radio and television station buyers and sellers are required to provide to the public in connection with proposed assignments and transfers of control. This NPRM also seeks comment on whether to eliminate the newspaper publication exemption for noncommercial educational (‘‘NCE’’) stations and stations that are the only operating station in their broadcast service in their community of license. DATES: Comments are due August 1, 2005 and reply comments are due August 15, 2005. Written comments on the Paperwork Reduction Act proposed Information collection requirements must be submitted by the public, Office of Management and Budget (OMB), and other interested parties on or before August 29, 2005. ADDRESSES: You may submit comments, identified by MB Docket No. 05–6, by any of the following methods: E:\FR\FM\30JNP1.SGM 30JNP1 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission Web site: http:// www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: (202) 418–0530 or (202) 418– 0432. For detailed instructions on submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. In addition to filing comments as set forth above, a copy of any comments on the information collections contained herein should be submitted to Cathy Williams, Federal Communications Commission, Room 1–C823, 445 12th Street, SW., Washington, DC 20554 or via the Internet to Cathy Williams @fcc.gov, and to Kristy L. LaLonde, OMB Desk Officer, Room 10234 NEOB, 725 17th Street, NW., Washington, DC 20503, via the Internet to Kristy_L. LaLonde@omb.eop.gov, or via fax at 202–395–5167. FOR FURTHER INFORMATION, CONTACT: Stephen Svab, Media Bureau at (202) 418–2700 or via Internet at stephen.svab@fcc.gov. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this NPRM, contact Cathy Williams at 202–418– 2918, or via the Internet at Cathy.Williams@fcc.gov. If you would like to obtain or view a copy of this revised information collection, you may do so by visiting the FCC PRA Web page at: http://www.fcc.gov/omd/pra. This is a synopsis of the Commission’s Notice of Proposed Rulemaking, MB Docket No. 05–6, adopted January 10, 2005 and released March 15, 2005. The full text of this decision is available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554, and may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone (202) 488–5300, facsimile (202) 488–5563, or via e-mail http:// www.BCPIWeb.com or may be viewed via Internet at http://www.fcc.gov/mb/. SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 15:17 Jun 29, 2005 Jkt 205001 Initial Paperwork Reduction Act of 1995 Analysis This document contains modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public to comment on the information collection requirements contained in this NPRM as required by the Paperwork Reduction Act of 1995, Public Law 104–13. Public and agency comments are due August 29, 2005. Comments should address: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Pub. Law 107–198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might ‘‘further reduce the information collection burden for small business concerns with fewer than 25 employees.’’ OMB Control Number: 3060–0031. Title: Application for Consent to Assignment of Broadcast Station Construction Permit or License; Application for Consent to Transfer Control of Entity Holding Broadcast Station Construction Permit or License; § 73.3580, Local Public Notice of Filing of Broadcast Applications. Form Number: FCC Form 314 and FCC Form 315. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit entities; Not-for-profit institutions. Number of Respondents: 4,510. Frequency of Response: On occasion reporting requirement; Third party disclosure requirement. Estimated Time Per Response: 1 hour to 6 hours. Total Annual Burden: 15,890 hours. Total Annual Costs: $33,349,150. Privacy Impact Assessment: No impact(s). Needs and Uses: On January 10, 2005, the Commission adopted a Notice of Proposed Rulemaking (NRPM), In the Matter of the Revision of the Public Notice Requirements of § 73.3580, MB Docket No. 05–6, FCC 05–10. The NPRM proposes to revise 47 CFR 73.3580(c) to PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 37729 add the requirement for newspaper publication to non-commercial educational (NCE) stations and stations that are the only operating station in their broadcast service in their community of license. Currently, these stations are exempt from this requirement. The NPRM also proposes to revise the § 73.3580(d) requirement that an applicant give notice of the filing of a application for renewal of the station’s license or permit in a newspaper as described in 47 CFR 73.3580(c). The NPRM proposes that the notice must now appear in a specific text as described in the proposed revision of 47 CFR 73.3580(d)(3)(i). Synopsis of the Notice of Propose Rule Making 1. This NPRM requests comment on whether we should modify the notice that radio and television station buyers and sellers are required to provide to the public in connection with proposed assignments and transfers of control. 2. This NPRM also seeks comment on whether to eliminate the newspaper publication exemption for noncommercial educational (‘‘NCE’’) stations and stations that are the only operating station in their broadcast service in their community of license. Initial Regulatory Flexibility Analysis 3. Compliance requirements will naturally vary depending on the Commission’s final decision in this proceeding. If the Commission decides at the final rules stage of this proceeding to modify the public notice regulations as proposed, applicants for consent to assignment of a construction permit or license for an AM, FM, or TV station or for consent to transfer control of an entity holding a construction permit or license for an AM, FM, or TV station would have to broadcast and publish public notice using the template proposed for inclusion in § 73.3580(d) of the Commission’s rules (found in paragraph 5 of the NPRM). Additionally, if the Commission ultimately eliminates the current § 73.3580(e) exemption from the public notice requirements offered to noncommercial educational stations and stations that are the only operating station in their broadcast service in their community of license, applicants in these categories who file for assignment or transfer of a broadcast license would need to publish local notice of action in a newspaper of general circulation in the community to which the station is licensed. The Commission seeks comment on these proposals and their impact on small entities and on other ways to enhance the transparency of, E:\FR\FM\30JNP1.SGM 30JNP1 37730 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules and public participation in, the sales application review and licensing process. Filing of Comments and Reply Comments 5. Pursuant to applicable procedures set forth in §§ 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415 and 1.419, interested parties may file comments August 1, 2005, and reply comments August 15, 2005. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 6. Comments filed through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ ecfs.html. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, ‘‘get form <your e-mail address>.’’ A sample form and directions will be sent in reply. 7. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments August 1, 2005, and reply comments August 15, 2005. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). VerDate jul<14>2003 15:17 Jun 29, 2005 Jkt 205001 The Commission’s contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, DC 20554. All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Room TW–A325, Washington, DC 20554. The Media Bureau contact for this proceeding is Stephen Svab at (202) 418–2700, TTY (202) 418–7172, or at stephen.svab@fcc.gov. 8. Parties who choose to file by paper should also submit their comments on diskette. Parties should submit diskettes to Stephen Svab, Media Bureau, 445 12th Street SW., Room 2-B418, Washington, DC 20554. Such a submission should be on a 3.5-inch diskette formatted in an IBM compatible form using MS DOS 5.0 and Microsoft Word, or compatible software. The diskette should be accompanied by a cover letter and should be submitted in ‘‘read only’’ mode. The diskette should be clearly labeled with the party’s name, proceeding (including the lead docket number in this case (MB Docket No. 05– 6), type of pleading (comments or reply comments), date of submission, and the name of the electronic file on the diskette. The label should also include the following phrase ‘‘Disk Copy—Not an Original.’’ Each diskette should contain only one party’s pleadings, referable in a single electronic file. In addition, commenters must send diskette copies to the Commission’s copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. List of Subjects in 47 CFR Part 73 Radio, Reporting and recordkeeping requirements, Television. Federal Communications Commission. Marlene H. Dortch, Secretary. Proposed Rule Changes For the reasons discussed in the preamble, the Federal Communications PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 Commission proposes to amend 47 CFR part 73 as set forth below: PART 73—RADIO BROADCAST SERVICES 1. The authority for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336 and 339. 2. Section 73.3580 is amended by revising paragraphs (c) introductory text, (d)(1), (d)(3), removing paragraph (e), redesignating paragraphs (f) through (i) as paragraphs (e) through (h), and by revising newly designated paragraphs (e) and (h) to read as follows: § 73.3580 Local public notice of filing of broadcast applications. * * * * * (c) An applicant who files an application or amendment thereto which is subject to the provisions of this section, must give notice of this filing in a newspaper. Exceptions to this requirement are applications for renewal of AM, FM, TV, Class A TV, non-commercial educational, those stations that are the only operating station in their broadcast service in their community of license and international broadcasting stations; low power TV stations; TV and FM translator stations; TV boosters stations; and FM boosters stations. The local public notice must be completed within 30 days of the tendering of the application. In the event the FCC notifies the applicant that a major change is involved, requiring the applicant to file public notice pursuant to §§ 73.3571, 73.3572, 73.3573 or 73.3578, this filing notice shall be given in a newspaper following this notification. * * * * * (d) * * * (1) An applicant who files for renewal of a broadcast station license, other than a low power TV station license not locally originating programming as defined by § 74.701(h), an FM translator station or a TV translator station license, must give notice of this filing by broadcasting announcements on applicant’s station. (Sample and schedule of announcements are below.) Newspaper publication is not required. An applicant who files for renewal of a low power TV station license not locally originating programming as defined by § 74.701(h), an FM translator station or a TV translator station license will comply with (f) below. * * * * * (3) Filing announcements. An applicant who files for modification, assignment or transfer of a broadcast station license (except for International E:\FR\FM\30JNP1.SGM 30JNP1 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules broadcast, low power TV, TV translator, TV booster, FM translator and FM booster stations) shall give notice of the filing in a newspaper as described in paragraph (c) of this section, and also broadcast the same notice over the station as follows: (i) At least once daily on four days in the second week immediately following either the tendering for filing of the application or immediately following notification to the applicant by the FCC that Public Notice is required pursuant to §§ 73.3571, 73.3572, 73.3573 or § 73.3578. For commercial radio stations these announcements shall be made between 7 a.m. and 9 a.m. and/or 4 p.m. and 6 p.m. For stations which neither operate between 7 a.m. and 9 a.m. nor between 4 p.m. and 6 p.m., these announcements shall be made during the first two hours of broadcast operation. For commercial TV stations, these announcements shall be made between 6 p.m. and 11 p.m. (5 p.m. and 10 p.m. Central and Mountain time). For applicants who file for an assignment or transfer of a broadcast license, the following announcement shall be broadcast in accordance with the terms outlined above in this section and published in a newspaper as described in paragraph (c) of this section: On (date of filing application), the owners of (call sign), (insert assignor or transferor here), filed an application with the FCC for consent to sell (call sign) to (insert assignee or transferee here). A copy of this application will be available for public inspection during our regular business hours. It contains additional information concerning the proposed buyer and the agreement for the sale of the station. Individuals who wish to advise the FCC of facts relating to this application may file comments and informal objections prior to Commission action on the application. Petitions to deny the application must be filed no later than (date the 30th day after issuance of the public notice of the acceptance for filing of the application). Further information concerning the FCC’s station sale process is available at (address of location of the station’s public inspection file) or may be obtained from the FCC, Washington, DC 20554 or the FCC Web site, at http:// www.fcc.gov/e-file. After accessing this Web page, users should click on the ‘‘CDBS Public Access’’ link and follow instructions found there. * * * * * (e) The notice required by paragraphs (c) and (d) of this section shall contain, when applicable, the following information, except as otherwise provided in paragraph (d) of this section VerDate jul<14>2003 15:17 Jun 29, 2005 Jkt 205001 in regard to renewal applications and applications for assignment or transfer of license: * * * * * (h) Paragraphs (a) through (g) of this section apply to major amendments to license renewal applications. See § 73.3578(a). [FR Doc. 05–13026 Filed 6–29–05; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2005–21243] RIN 2127–AI66 Federal Motor Vehicle Safety Standards; Child Restraint Systems National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: Federal Motor Vehicle Safety Standard (FMVSS) No. 213, ‘‘Child restraint systems,’’ requires that the webbing of child restraints must not lose more than a specified percentage of its original breaking strength as a result of being exposed to certain adverse conditions. The standard currently does not specify a minimum breaking strength for the unexposed webbing. This document proposes such a minimum, as well as a minimum breaking strength requirement for the exposed webbing. It also makes clearer in the text of FMVSS No. 213 that the heavier of two weights specified in the standard is used to abrade the webbing used to attach child restraint systems to the child restraint anchorages located in a vehicle. DATES: Comments must be received on or before August 29, 2005. ADDRESSES: You may submit comments (identified by the DOT Docket Management System Docket Number in the heading of this NPRM) by any of the following methods: • Web site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 37731 • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see the Privacy Act heading under Regulatory Analyses and Notices. Docket: For access to the docket to read background documents or comments received, go to http:// dms.dot.gov at any time or to Room PL– 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For technical and policy issues, you may contact Mr. Tewabe Asebe, Office of Rulemaking (Telephone: 202–366–2365) (Fax: 202–366–7002). For legal issues, you may contact Ms. Deirdre R. Fujita, Office of Chief Counsel (Telephone: 202–366–2992) (Fax: 202–366–3820). You may send mail to these officials at the National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: Introduction FMVSS No. 213 regulates child restraint systems used in motor vehicles and aircraft (49 CFR 571.213). This NPRM concerns the standard’s strength requirements for belt webbing, set forth in S5.4.1 of FMVSS No. 213. Among other things, that section states that the webbing of belts provided with a child restraint system and used to attach the system to the vehicle, or to restrain the child within the system, shall meet certain strength requirements after being subjected to abrasion (S5.4.1(a)), light exposure (S5.4.1(b)), and microorganisms (S5.4.1(b)).1 Each of these strength requirements is expressed in the form of a percentage of 1 S5.4.1(a) and (b) reference FMVSS No. 209, 49 CFR 571.209, ‘‘Seat belt assemblies,’’ which specifies requirements for seat belt assemblies. E:\FR\FM\30JNP1.SGM 30JNP1

Agencies

[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Proposed Rules]
[Pages 37728-37731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13026]


=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 05-6; FCC 05-10]


Revision of the Public Notice Requirements of Section 73.3580

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This Notice of Proposed Rulemaking (``NPRM'') requests comment 
on whether we should modify the notice that radio and television 
station buyers and sellers are required to provide to the public in 
connection with proposed assignments and transfers of control. This 
NPRM also seeks comment on whether to eliminate the newspaper 
publication exemption for non-commercial educational (``NCE'') stations 
and stations that are the only operating station in their broadcast 
service in their community of license.

DATES: Comments are due August 1, 2005 and reply comments are due 
August 15, 2005. Written comments on the Paperwork Reduction Act 
proposed Information collection requirements must be submitted by the 
public, Office of Management and Budget (OMB), and other interested 
parties on or before August 29, 2005.

ADDRESSES: You may submit comments, identified by MB Docket No. 05-6, 
by any of the following methods:

[[Page 37729]]

     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission Web site: http://
www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: (202) 
418-0530 or (202) 418-0432.
For detailed instructions on submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    In addition to filing comments as set forth above, a copy of any 
comments on the information collections contained herein should be 
submitted to Cathy Williams, Federal Communications Commission, Room 1-
C823, 445 12th Street, SW., Washington, DC 20554 or via the Internet to 
Cathy Williams @fcc.gov, and to Kristy L. LaLonde, OMB Desk Officer, 
Room 10234 NEOB, 725 17th Street, NW., Washington, DC 20503, via the 
Internet to Kristy--L. LaLonde@omb.eop.gov, or via fax at 202-395-5167.

FOR FURTHER INFORMATION, CONTACT: Stephen Svab, Media Bureau at (202) 
418-2700 or via Internet at stephen.svab@fcc.gov. For additional 
information concerning the Paperwork Reduction Act information 
collection requirements contained in this NPRM, contact Cathy Williams 
at 202-418-2918, or via the Internet at Cathy.Williams@fcc.gov. If you 
would like to obtain or view a copy of this revised information 
collection, you may do so by visiting the FCC PRA Web page at: http://
www.fcc.gov/omd/pra.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking, MB Docket No. 05-6, adopted January 10, 
2005 and released March 15, 2005. The full text of this decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554, and may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc., Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
(202) 488-5300, facsimile (202) 488-5563, or via e-mail http://
www.BCPIWeb.com or may be viewed via Internet at http://www.fcc.gov/mb/
.

Initial Paperwork Reduction Act of 1995 Analysis

    This document contains modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public to comment on the 
information collection requirements contained in this NPRM as required 
by the Paperwork Reduction Act of 1995, Public Law 104-13. Public and 
agency comments are due August 29, 2005. Comments should address: (a) 
Whether the proposed collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; (b) the accuracy 
of the Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Pub. Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.''
    OMB Control Number: 3060-0031.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License; Application for Consent to Transfer 
Control of Entity Holding Broadcast Station Construction Permit or 
License; Sec.  73.3580, Local Public Notice of Filing of Broadcast 
Applications.
    Form Number: FCC Form 314 and FCC Form 315.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 4,510.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Estimated Time Per Response: 1 hour to 6 hours.
    Total Annual Burden: 15,890 hours.
    Total Annual Costs: $33,349,150.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On January 10, 2005, the Commission adopted a 
Notice of Proposed Rulemaking (NRPM), In the Matter of the Revision of 
the Public Notice Requirements of Sec.  73.3580, MB Docket No. 05-6, 
FCC 05-10. The NPRM proposes to revise 47 CFR 73.3580(c) to add the 
requirement for newspaper publication to non-commercial educational 
(NCE) stations and stations that are the only operating station in 
their broadcast service in their community of license. Currently, these 
stations are exempt from this requirement.
    The NPRM also proposes to revise the Sec.  73.3580(d) requirement 
that an applicant give notice of the filing of a application for 
renewal of the station's license or permit in a newspaper as described 
in 47 CFR 73.3580(c). The NPRM proposes that the notice must now appear 
in a specific text as described in the proposed revision of 47 CFR 
73.3580(d)(3)(i).

Synopsis of the Notice of Propose Rule Making

    1. This NPRM requests comment on whether we should modify the 
notice that radio and television station buyers and sellers are 
required to provide to the public in connection with proposed 
assignments and transfers of control.
    2. This NPRM also seeks comment on whether to eliminate the 
newspaper publication exemption for non-commercial educational 
(``NCE'') stations and stations that are the only operating station in 
their broadcast service in their community of license.

Initial Regulatory Flexibility Analysis

    3. Compliance requirements will naturally vary depending on the 
Commission's final decision in this proceeding. If the Commission 
decides at the final rules stage of this proceeding to modify the 
public notice regulations as proposed, applicants for consent to 
assignment of a construction permit or license for an AM, FM, or TV 
station or for consent to transfer control of an entity holding a 
construction permit or license for an AM, FM, or TV station would have 
to broadcast and publish public notice using the template proposed for 
inclusion in Sec.  73.3580(d) of the Commission's rules (found in 
paragraph 5 of the NPRM). Additionally, if the Commission ultimately 
eliminates the current Sec.  73.3580(e) exemption from the public 
notice requirements offered to noncommercial educational stations and 
stations that are the only operating station in their broadcast service 
in their community of license, applicants in these categories who file 
for assignment or transfer of a broadcast license would need to publish 
local notice of action in a newspaper of general circulation in the 
community to which the station is licensed. The Commission seeks 
comment on these proposals and their impact on small entities and on 
other ways to enhance the transparency of,

[[Page 37730]]

and public participation in, the sales application review and licensing 
process.

Filing of Comments and Reply Comments

    5. Pursuant to applicable procedures set forth in Sec. Sec.  1.415 
and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments August 1, 2005, and reply comments August 15, 
2005. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. See Electronic Filing 
of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    6. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and 
should include the following words in the body of the message, ``get 
form .'' A sample form and directions will be sent 
in reply.
    7. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments August 1, 
2005, and reply comments August 15, 2005. Comments may be filed using 
the Commission's Electronic Comment Filing System (ECFS) or by filing 
paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail).
    The Commission's contractor, Natek, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building. Commercial 
overnight mail (other than U.S. Postal Service Express Mail and 
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol 
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, 
and Priority Mail should be addressed to 445 12th Street, SW., 
Washington, DC 20554. All filings must be addressed to the Commission's 
Secretary, Marlene H. Dortch, Office of the Secretary, Federal 
Communications Commission, 445 12th Street, SW., Room TW-A325, 
Washington, DC 20554. The Media Bureau contact for this proceeding is 
Stephen Svab at (202) 418-2700, TTY (202) 418-7172, or at 
stephen.svab@fcc.gov.
    8. Parties who choose to file by paper should also submit their 
comments on diskette. Parties should submit diskettes to Stephen Svab, 
Media Bureau, 445 12th Street SW., Room 2-B418, Washington, DC 20554. 
Such a submission should be on a 3.5-inch diskette formatted in an IBM 
compatible form using MS DOS 5.0 and Microsoft Word, or compatible 
software. The diskette should be accompanied by a cover letter and 
should be submitted in ``read only'' mode. The diskette should be 
clearly labeled with the party's name, proceeding (including the lead 
docket number in this case (MB Docket No. 05-6), type of pleading 
(comments or reply comments), date of submission, and the name of the 
electronic file on the diskette. The label should also include the 
following phrase ``Disk Copy--Not an Original.'' Each diskette should 
contain only one party's pleadings, referable in a single electronic 
file. In addition, commenters must send diskette copies to the 
Commission's copy contractor, Best Copy and Printing, Inc., Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554.

List of Subjects in 47 CFR Part 73

    Radio, Reporting and recordkeeping requirements, Television.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as set forth 
below:

PART 73--RADIO BROADCAST SERVICES

    1. The authority for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336 and 339.
    2. Section 73.3580 is amended by revising paragraphs (c) 
introductory text, (d)(1), (d)(3), removing paragraph (e), 
redesignating paragraphs (f) through (i) as paragraphs (e) through (h), 
and by revising newly designated paragraphs (e) and (h) to read as 
follows:


Sec.  73.3580  Local public notice of filing of broadcast applications.

* * * * *
    (c) An applicant who files an application or amendment thereto 
which is subject to the provisions of this section, must give notice of 
this filing in a newspaper. Exceptions to this requirement are 
applications for renewal of AM, FM, TV, Class A TV, non-commercial 
educational, those stations that are the only operating station in 
their broadcast service in their community of license and international 
broadcasting stations; low power TV stations; TV and FM translator 
stations; TV boosters stations; and FM boosters stations. The local 
public notice must be completed within 30 days of the tendering of the 
application. In the event the FCC notifies the applicant that a major 
change is involved, requiring the applicant to file public notice 
pursuant to Sec. Sec.  73.3571, 73.3572, 73.3573 or 73.3578, this 
filing notice shall be given in a newspaper following this 
notification.
* * * * *
    (d) * * *
    (1) An applicant who files for renewal of a broadcast station 
license, other than a low power TV station license not locally 
originating programming as defined by Sec.  74.701(h), an FM translator 
station or a TV translator station license, must give notice of this 
filing by broadcasting announcements on applicant's station. (Sample 
and schedule of announcements are below.) Newspaper publication is not 
required. An applicant who files for renewal of a low power TV station 
license not locally originating programming as defined by Sec.  
74.701(h), an FM translator station or a TV translator station license 
will comply with (f) below.
* * * * *
    (3) Filing announcements. An applicant who files for modification, 
assignment or transfer of a broadcast station license (except for 
International

[[Page 37731]]

broadcast, low power TV, TV translator, TV booster, FM translator and 
FM booster stations) shall give notice of the filing in a newspaper as 
described in paragraph (c) of this section, and also broadcast the same 
notice over the station as follows:
    (i) At least once daily on four days in the second week immediately 
following either the tendering for filing of the application or 
immediately following notification to the applicant by the FCC that 
Public Notice is required pursuant to Sec. Sec.  73.3571, 73.3572, 
73.3573 or Sec.  73.3578. For commercial radio stations these 
announcements shall be made between 7 a.m. and 9 a.m. and/or 4 p.m. and 
6 p.m. For stations which neither operate between 7 a.m. and 9 a.m. nor 
between 4 p.m. and 6 p.m., these announcements shall be made during the 
first two hours of broadcast operation. For commercial TV stations, 
these announcements shall be made between 6 p.m. and 11 p.m. (5 p.m. 
and 10 p.m. Central and Mountain time). For applicants who file for an 
assignment or transfer of a broadcast license, the following 
announcement shall be broadcast in accordance with the terms outlined 
above in this section and published in a newspaper as described in 
paragraph (c) of this section: On (date of filing application), the 
owners of (call sign), (insert assignor or transferor here), filed an 
application with the FCC for consent to sell (call sign) to (insert 
assignee or transferee here). A copy of this application will be 
available for public inspection during our regular business hours. It 
contains additional information concerning the proposed buyer and the 
agreement for the sale of the station. Individuals who wish to advise 
the FCC of facts relating to this application may file comments and 
informal objections prior to Commission action on the application. 
Petitions to deny the application must be filed no later than (date the 
30th day after issuance of the public notice of the acceptance for 
filing of the application). Further information concerning the FCC's 
station sale process is available at (address of location of the 
station's public inspection file) or may be obtained from the FCC, 
Washington, DC 20554 or the FCC Web site, at http://www.fcc.gov/e-file. 
After accessing this Web page, users should click on the ``CDBS Public 
Access'' link and follow instructions found there.
* * * * *
    (e) The notice required by paragraphs (c) and (d) of this section 
shall contain, when applicable, the following information, except as 
otherwise provided in paragraph (d) of this section in regard to 
renewal applications and applications for assignment or transfer of 
license:
* * * * *
    (h) Paragraphs (a) through (g) of this section apply to major 
amendments to license renewal applications. See Sec.  73.3578(a).

[FR Doc. 05-13026 Filed 6-29-05; 8:45 am]
BILLING CODE 6712-01-P