August 17, 2005 – Federal Register Recent Federal Regulation Documents

Implementation of the Satellite Home Viewer Extension and Reauthorization Act (SHVERA)
Document Number: 05-16388
Type: Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16387
Type: Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16334
Type: Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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.
Federal Motor Vehicle Safety Standards; Controls, Telltales and Indicators
Document Number: 05-16325
Type: Rule
Date: 2005-08-17
Agency: National Highway Traffic Safety Administration, Department of Transportation
In this document, we update our standard regulating motor vehicle controls, telltales and indicators. The standard specifies requirements for the location, identification, and illumination of these items. This rule extends the standard's telltale and indicator requirements to vehicles with a Gross Vehicle Weight Rating (GVWR) of 4,536 kg (10,000 pounds) and greater, updates the standard's requirements for multi-function controls and multi-task displays to make the requirements appropriate for advanced systems, and reorganizes the standard to make it easier to read. The standard requires, among other things, that certain controls, telltales and indicators be identified by specified symbols or words. While we proposed to expand the list of items for which specified identification is required, we decided, for purposes of this rule, to include only the items and identification previously specified in this standard or in another of our standards.
Federal Motor Vehicle Safety Standards; Low Speed Vehicles
Document Number: 05-16323
Type: Rule
Date: 2005-08-17
Agency: National Highway Traffic Safety Administration, Department of Transportation
This final rule amends the definition of ``low-speed vehicle'' (LSV) in two ways. First, it eliminates the exclusion of trucks from that class of vehicles. Second, it limits the class of LSVs to those vehicles with a Gross Vehicle Weight Rating (GVWR) of less than 1,134 kilograms (2,500 pound).
Extensions of Credit by Federal Reserve Banks
Document Number: 05-16322
Type: Rule
Date: 2005-08-17
Agency: Federal Reserve System, Agencies and Commissions
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.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Extension of Commercial Trip Limits for Gulf of Mexico Grouper Fishery
Document Number: 05-16319
Type: Rule
Date: 2005-08-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
An emergency rule of February 17, 2005, that established trip limits for the commercial shallow-water and deep-water grouper fisheries in the exclusive economic zone of the Gulf of Mexico is in effect from March 3, 2005, through August 16, 2005. NMFS extends that emergency rule for an additional 180 days through February 12, 2006. The intended effects of that emergency rule are to moderate the rate of harvest of the available quotas, reduce the adverse social and economic effects of derby fishing, enable more effective quota monitoring, and reduce the probability of overfishing.
International Services Surveys: Cancellation of Five Annual Surveys
Document Number: 05-16305
Type: Rule
Date: 2005-08-17
Agency: Department of Commerce, Bureau of Economic Analysis, Economic Analysis Bureau
This final rule removes the reporting requirements for five annual surveys covering international trade in services. The five annual surveys being discontinued are: BE-36, BE-47, BE-48, BE-82, and BE-93. The surveys are being discontinued because they have been replaced by quarterly surveys that collect essentially the same information.
Pesticides; Procedural Regulations for Registration Review; Availability of a Draft Schedule for Registration Review
Document Number: 05-16298
Type: Proposed Rule
Date: 2005-08-17
Agency: Environmental Protection Agency
EPA is announcing availability of a draft schedule for the registration review of pesticides mandated in section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA is making the draft schedule available to assist the public in its review of the proposed procedural regulations for registration review that EPA published on July 13, 2005. To develop the draft schedule, EPA used procedures described in the July 13, 2005 proposal. The draft schedule is, in effect, a model schedule which shows how the Agency could sequence pesticide reviews to meet the goal of reviewing each pesticide's registration every 15 years. Although the Agency is not seeking comment on the draft schedule, you may include comments on the draft schedule in your comments on the proposed procedural regulations for the registration review of pesticides.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Attainment Demonstration for the Roanoke Metropolitan Statistical Area (MSA) Ozone Early Action Compact Area
Document Number: 05-16294
Type: Rule
Date: 2005-08-17
Agency: Environmental Protection Agency
EPA is taking final action to approve a revision to the Commonwealth of Virginia State Implementation Plan (SIP). This revision consists of an Early Action Compact (EAC) Plan that will enable the Roanoke Metropolitan Statistical Area (MSA) Ozone EAC Area to demonstrate attainment and maintenance of the 8-hour ozone national ambient air quality (NAAQS) standard. This action is being taken under the Clean Air Act (CAA or Act).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Attainment Demonstration for the Northern Shenandoah Valley Ozone Early Action Compact Area
Document Number: 05-16293
Type: Rule
Date: 2005-08-17
Agency: Environmental Protection Agency
EPA is taking final action to approve a revision to the Commonwealth of Virginia State Implementation Plan (SIP). This revision consists of an Early Action Compact (EAC) Plan that will enable the Northern Shenandoah Valley Ozone EAC Area to demonstrate attainment and maintenance of the 8-hour ozone national ambient air quality (NAAQS) standard. This action is being taken under the Clean Air Act (CAA or Act).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Attainment Demonstration for the Eastern Panhandle Region Ozone Early Action Compact Area
Document Number: 05-16292
Type: Rule
Date: 2005-08-17
Agency: Environmental Protection Agency
EPA is taking final action to approve a revision to the West Virginia State Implementation Plan (SIP). This revision consists of an Early Action Compact (EAC) Plan that will enable the Eastern Panhandle Region Ozone EAC Area to demonstrate attainment and maintenance of the 8-hour ozone national ambient air quality (NAAQS) standard. This action is being taken under the Clean Air Act (CAA or Act).
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Attainment Demonstration for the Washington County Ozone Early Action Compact Area
Document Number: 05-16291
Type: Rule
Date: 2005-08-17
Agency: Environmental Protection Agency
EPA is taking final action to approve a revision to the State of Maryland State Implementation Plan (SIP). This revision consists of an Early Action Compact (EAC) Plan that will enable the Washington County, Maryland Ozone EAC Area to demonstrate attainment and maintenance of the 8-hour ozone national ambient air quality (NAAQS) standard. This action is being taken under the Clean Air Act (CAA or Act).
Approval and Promulgation of Air Quality Implementation Plans; New Mexico; San Juan County Early Action Compact Area
Document Number: 05-16290
Type: Rule
Date: 2005-08-17
Agency: Environmental Protection Agency
The EPA is approving revisions to the State Implementation Plan (SIP) submitted by the Governor of New Mexico on December 16, 2004. The revisions will incorporate the Early Action Compact (EAC) Clean Air Action Plan (CAAP) into the New Mexico SIP. EPA is approving the photochemical modeling in support of the attainment demonstration for the 8-hour ozone standard within the San Juan County EAC area. These actions strengthen the SIP in accordance with the requirements of sections 110 and 116 of the Federal Clean Air Act (the Act), and will result in emission reductions needed to help ensure continued attainment and maintenance of the 8-hour National Ambient Air Quality Standard (NAAQS) for ozone.
Security Zone; Port Townsend Waterway, Puget Sound, WA, Naval Exercise
Document Number: 05-16286
Type: Rule
Date: 2005-08-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone for Naval and Army vessels while conducting ammunitions transfers in a designated area near Indian Island, Washington. The Coast Guard is taking this action to provide safety and security for Naval and Army vessels from terrorism, sabotage, other subversive acts, to allow sufficient maneuvering area for the vessel, and to maintain a sufficient blast radius from land in an event of an accident. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.
Drawbridge Operation Regulations; Sturgeon Bay Ship Canal, Sturgeon Bay, WI
Document Number: 05-16285
Type: Proposed Rule
Date: 2005-08-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to revise the operating regulations for the Michigan Street Bridge and establish permanent winter operating hours for the Bayview Bridge, both in Sturgeon Bay, WI. The proposed rule is expected to reflect the need for bridge openings during winter months and still provide for the reasonable needs of navigation.
Drawbridge Operation Regulation; Massalina Bayou, Panama City, FL
Document Number: 05-16284
Type: Rule
Date: 2005-08-17
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has temporarily changed the regulation governing the operation of the Tarpon Dock bascule span drawbridge across Massalina Bayou, mile 0.0, at Panama City, Bay County, Florida. The regulation will allow the draw of the bridge to remain closed to navigation for one hour to facilitate the American Heart Walk.
New Animal Drugs; Change of Sponsor's Address
Document Number: 05-16280
Type: Rule
Date: 2005-08-17
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor's address for Peptech Animal Health Pty, Ltd.
Marine Mammals; Native Exemptions
Document Number: 05-16277
Type: Rule
Date: 2005-08-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), amend regulations implementing the Marine Mammal Protection Act of 1972 (MMPA), as amended. This action revises our existing definition of ``authentic native articles of handicrafts and clothing'' to reflect a December 28, 1992, Court ruling, which found that our regulation defining ``authentic native articles of handicrafts and clothing'' is inconsistent with the MMPA.
Airworthiness Directives; Shadin ADC-2000 Air Data Computers
Document Number: 05-16267
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Shadin ADC-2000 air data computers (ADC) installed on airplanes. This proposed AD would require you to replace affected ADC- 2000 units with a modified unit. This proposed AD results from reports that certain ADC-2000 units display incorrect altitude information on the Electronic Flight Information System (EFIS) to the pilot. We are issuing this proposed AD to prevent ADC-2000 units, part numbers (P/Ns) 962830A-1-S-8, 962830A-2-S-8, and 962830A-3-S-8, configurations B, C, and D, from displaying incorrect altitude information. This could cause the flight crew to react to this incorrect flight information and possibly result in an unsafe operating condition.
Viruses, Serums, Toxins, and Analogous Products; Records and Reports
Document Number: 05-16266
Type: Proposed Rule
Date: 2005-08-17
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the Virus-Serum-Toxin Act regulations concerning records and reports to require veterinary biologics licensees and permittees to record specific information concerning adverse events associated with the use of biological products that they produce or distribute and to compile and submit those records in a summary report to the Animal and Plant Health Inspection Service (APHIS) every 12 months for products licensed for 1 year or more; for newly licensed products, a summary report would have to be submitted at 6-month intervals during the first year of the product license and at 12-month intervals thereafter. The summary report would also have to identify the number of doses, or the average number of doses, of the product in distribution channels, if available. These records and reports would help ensure that APHIS will be able to provide complete and accurate information to consumers regarding adverse reactions or other problems associated with the use of licensed biological products. This proposed rule replaces a previously published proposed rule, which we are withdrawing as part of this document, that contained fewer specifics concerning the information that would have to be recorded in adverse event reports associated with the use of veterinary biologics that are submitted to the Agency.
Airworthiness Directives; Airbus Model A319-100 Series Airplanes, Model A320-111 Airplanes, Model A320-200 Series Airplanes, and Model A321-100 Series Airplanes
Document Number: 05-16263
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for Airbus Model A319-100 series airplanes, Model A320-111 airplanes, Model A320-200 series airplanes, and Model A321-100 series airplanes equipped with any additional center tank (ACT). This proposed AD would require identifying the part number of the ACT and, for certain ACTs, replacing the outer ACT manhole cover and seal. This proposed AD is prompted by reports of an ACT fuel transfer failure due to air leakage around the seal of the outer manhole covers of the ACTs. We are proposing this AD to prevent this leakage, which could result in fuel or fuel vapor leaking into the cargo compartment, and consequent increased risk of a fire in the cargo compartment.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
Document Number: 05-16262
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain EMBRAER airplane models as identified above. The original NPRM would have required modifying the total air temperature (TAT) sensor heating system. The original NPRM was prompted by a report indicating that the fully automated digital electronic control (FADEC) unit failed to compensate for ice accretion on the engine fan blades due to a false temperature signal from the TAT sensor to the FADEC. This action revises the original NPRM by requiring modification of additional electrical connections for the TAT sensor heating system. This action also would expand the applicability of the original NPRM because the additional electrical connections must be modified on airplanes that had the TAT sensor heating system modified previously (e.g., in production). This action also adds replacing the FADEC assemblies with new or modified assemblies as an additional means of compliance. We are proposing this supplemental NPRM to prevent failure of the TAT sensor, which could result in insufficient thrust to take off or (if coupled with the loss of an engine during takeoff) to abort the takeoff in a safe manner, and consequent reduced controllability of the airplane.
State of Nevada; Denial of a Petition for Rulemaking
Document Number: 05-16253
Type: Proposed Rule
Date: 2005-08-17
Agency: Nuclear Regulatory Commission, Agencies and Commissions
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.
Implantation or Injectable Dosage Form New Animal Drugs; Phenylbutazone Injection
Document Number: 05-16240
Type: Rule
Date: 2005-08-17
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Sparhawk Laboratories, Inc. The ANADA provides for the veterinary prescription use of phenylbutazone injectable solution in horses for relief of inflammatory conditions associated with the musculoskeletal system.
Federal Motor Vehicle Safety Standards; Theft Protection
Document Number: 05-16226
Type: Proposed Rule
Date: 2005-08-17
Agency: National Highway Traffic Safety Administration, Department of Transportation
Our safety standard on theft protection specifies vehicle performance requirements intended to reduce the incidence of crashes resulting from theft and accidental rollaway of motor vehicles. As a result of technological advances in the area of theft protection, the terminology used in the regulatory text of the Standard has become outdated and incompatible with key-locking systems that employ electronic codes to lock and unlock the vehicle, and to enable engine activation. This document proposes to amend and reorganize the regulatory text of the Standard so that it better correlates to modern theft protection technology and reflects the agency's interpretation of the existing requirements. The proposed requirements would not impose any new substantive requirements on vehicle manufacturers.
Nomenclature Changes
Document Number: 05-16219
Type: Rule
Date: 2005-08-17
Agency: Postal Rate Commission, Agencies and Commissions
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
Document Number: 05-16218
Type: Proposed Rule
Date: 2005-08-17
Agency: Social Security Administration, Agencies and Commissions
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
Document Number: 05-16076
Type: Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16075
Type: Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16074
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16073
Type: Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16072
Type: Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16071
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16070
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16069
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16068
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16067
Type: Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16066
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16065
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16064
Type: Proposed Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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
Document Number: 05-16063
Type: Rule
Date: 2005-08-17
Agency: Federal Communications Commission, Agencies and Commissions
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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