Amateur Service Rules, 51705-51707 [05-17226]

Download as PDF 51705 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued Facility Address Waste description (A) If, at any time after disposal of the delisted waste, Saturn possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted WWTP sludge at Saturn indicating that any constituent is at a level in the leachate higher than the specified delisting level or TCLP regulatory level, then Saturn must report the data, in writing, to the Regional Administrator within ten (10) days of first possessing or being made aware of that data. (B) Based upon the information described in Paragraph (A) and any other information received from any source, the EPA Regional Administrator will make a preliminary determination as to whether the reported information requires EPA action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (C) If the Regional Administrator determines that the reported information does require EPA action, the Regional Administrator will notify Saturn in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notification shall include a statement of the proposed action and a statement providing Saturn with an opportunity to present information as to why the proposed EPA action is not necessary. Saturn shall have ten (10) days from the date of the Regional Administrator’s notice to present the information. (D) Following the receipt of information from Saturn, or if Saturn presents no further information after 10 days, the Regional Administrator will issue a final written determination describing the EPA actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator’s determination shall become effective immediately, unless the Regional Administrator provides otherwise. (7) Notification Requirements: Before transporting the delisted waste, Saturn must provide a one-time written notification to any State Regulatory Agency to which or through which it will transport the delisted WWTP sludge for disposal. The notification will be updated if Saturn transports the delisted WWTP sludge to a different disposal facility. Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision. * * * [FR Doc. 05–17364 Filed 8–30–05; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 97 [WT Docket No. 05–235; FCC 05–143] Amateur Service Rules Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: This document proposes to amend the amateur radio service rules to eliminate the requirement that individuals pass a telegraphy examination in order to qualify for any amateur radio operator license. DATES: Submit comments on or before October 31, 2005 and reply comments are due November 14, 2005. ADDRESSES: You may submit comments, identified by WT Docket No. 05–235; FCC 05–143, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web site: http:// VerDate Aug<18>2005 16:22 Aug 30, 2005 Jkt 205001 * * 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 TTY: (202) 418–0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: William T. Cross, William.Cross@fcc.gov, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, (202) 418–0680, TTY (202) 418–7233. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission’s Notice of Proposed Rulemaking and Order (NPRM), WT Docket No. 05–235, FCC 05–143, adopted July 15, 2005, and released July 19, 2005. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW., Room CY– A257, Washington, DC 20554. The complete text may be purchased from the Commission’s duplicating PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 * * contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, Suite CY– B402, Washington, DC 20554. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an e-mail to FCC504@fcc.gov or calling the Consumer and Government Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). 1. The Commission initiated this proceeding to amend the part 97 Amateur Radio Service rules in response to eighteen petitions for rulemaking. The petitioners request that we amend the Commission’s amateur radio service rules to implement revised international Radio Regulations that were adopted at the 2003 World Radiocommunication Conference (WRC–03). The Commission found that some of the petitions have presented sufficient evidence to warrant proposing rule changes, and in the interest of administrative efficiency, it consolidated these proposals in this NPRM. Specifically, the Commission proposed to amend its amateur service rules to eliminate the requirement that individuals pass a telegraphy examination in order to qualify for any amateur radio operator license. E:\FR\FM\31AUP1.SGM 31AUP1 51706 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules I. Procedural Matters A. Ex Parte Rules—Permit-but-Disclose Proceeding 2. This is a permit-but-disclose notice and comment rulemaking proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as provided in the Commission’s rules. B. Comment Dates 3. Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, interested parties may file comments on or before October 31, 2005, and reply comments are due November 14, 2005. 4. Commenters may file comments electronically using the Commission’s Electronic Comment Filing System (ECFS), the Federal Government’s eRulemaking Portal, or by filing paper copies. Commenters filing through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/efile/ecfs.html. If multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy for 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. Commenters may also submit an electronic comment by Internet email. 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.’’ Commenters will receive a sample form and directions in reply. Commenters filing through the Federal eRulemaking Portal http://www.regulations.gov, should follow the instructions provided on the Web site for submitting comments. 5. Commenters who chose to file paper comments must file an original and four copies of each comment. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. All filings must be sent to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Room TW–A325, Washington, DC 20554. 6. Commenters may send filings by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 VerDate Aug<18>2005 16:22 Aug 30, 2005 Jkt 205001 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. Commenters must bind all hand deliveries together with rubber bands or fasteners and must dispose of any envelopes before entering the building. This facility is the only location where the Commission’s Secretary will accept hand-delivered or messenger-delivered paper filings. Commenters must send commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) to 9300 East Hampton Drive, Capitol Heights, MD 20743. Commenters should address U.S. Postal Service first-class mail, Express Mail, and Priority Mail to 445 12th Street, SW., Washington, DC 20554. C. Paperwork Reduction Act 7. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). II. Initial Regulatory Flexibility Analysis 8. The Regulatory Flexibility Act requires an initial regulatory flexibility analysis to be prepared for notice and comment rulemaking proceedings, unless the agency certifies that ‘‘the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.’’ The RFA generally defines the term ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act. A ‘‘small business concern’’ is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). 9. In this NPRM, we propose to amend the amateur service rules that presently require a person to demonstrate his or her ability to send and receive correctly a Morse code telegraphy message in order to qualify for certain amateur service operator licenses. Because ‘‘small entities,’’ as defined in the RFA, are not persons eligible for licensing in the amateur service, this proposed rule does not apply to ‘‘small entities.’’ PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 Rather, it applies exclusively to individuals who are taking an examination for an amateur radio operator license. Such amendment would be in the public interest because we believe that the present requirement is unnecessary and that eliminating the requirement would make the amateur service more attractive to individuals with a non-pecuniary interest in radio. 10. In addition, the rules proposed in this NPRM potentially could affect publishers of amateur radio examination study material. Based on past inquiries and advertisements in communicationrelated magazines from these publishers, we estimate that there are between five and ten such publishers. The proposed rule changes, if adopted, would apply to individuals rather than publishers and would not result in a mandatory change in products offered by publishers of examination study material. (Because use of Morse code for amateur service communications would still be permitted even if the testing requirement is eliminated, a market would still exist for Morse code training material.) Therefore, we certify that the proposals in this NPRM, if adopted, will not have a significant economic impact on a substantial number of small entities. The Commission will send a copy of the NPRM, including a copy of this Initial Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the SBA. This initial certification will also be published in the Federal Register. III. Ordering Clauses 11. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Notice of Proposed Rulemaking and Order, including the Initial Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 97 Communications equipment, Radio. Federal Communications Commission. William F. Caton, Deputy Secretary. Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 97 as follows: PART 97—AMATEUR RADIO SERVICE 1. The authority citation for part 97 continues to read as follows: Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. Interpret or apply 48 Stat. 1064–1068, 1081–1105, as E:\FR\FM\31AUP1.SGM 31AUP1 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules amended; 47 U.S.C. 151–155, 301–609, unless otherwise noted. 2. Section 97.501 is amended by revising paragraphs (a) and (b) to read as follows: § 97.501 Qualifying for an amateur operator license. * * * * * (a) Amateur Extra Class operator: Elements 2, 3, and 4; (b) General Class operator: Elements 2 and 3; * * * * * § 97.503 [Amended] 3. Section 97.503 is amended by removing paragraph (a), redesignating paragraph (b) as an undesignated introductory paragraph, and redesignating paragraphs (b)(1) through (3) as paragraphs (a) through (c), respectively. 4. Section 97.505 is amended by removing paragraphs (a)(5) and (a)(7) through (9), redesignating paragraph (a)(6) as (a)(5), and revising paragraphs (a)(1) through (4) to read as follows: § 97.505 Element credit. (a) * * * (1) An unexpired (or expired but within the grace period for renewal) FCC-granted Advanced Class operator license grant: Elements 2 and 3. (2) An unexpired (or expired but within the grace period for renewal) FCC-granted General Class operator license grant: Elements 2 and 3. (3) An unexpired (or expired but within the grace period for renewal) FCC-granted Technician or Technician Plus Class operator (including a Technician Class operator license granted before February 14, 1991) license grant: Element 2. (4) An expired FCC-issued Technician Class operator license document granted before March 21, 1987: Element 3. * * * * * 5. Section 97.507 is amended by removing paragraph (d) and revising paragraphs (a) introductory text, (a)(2) and (c) to read as follows: § 97.507 Preparing an examination. (a) Each written question set administered to an examinee must be prepared by a VE holding an Amateur Extra Class operator license. A written question set may also be prepared for the following elements by a VE holding an operator license of the class indicated: * * * * * (2) Element 2: Advanced, General, or Technician Plus Class operators. * * * * * VerDate Aug<18>2005 16:22 Aug 30, 2005 Jkt 205001 (c) Each written question set administered to an examinee for an amateur operator license must be prepared, or obtained from a supplier, by the administering VEs according to instructions from the coordinating VEC. 6. Section 97.509 is amended by revising paragraph (f), removing paragraph (g), redesignating paragraphs (h) through (m) as paragraphs (g) through (l) respectively, to read as follows: § 97.509 Administering VE requirements. * * * * * (f) No examination that has been compromised shall be administered to any examinee. The same question set may not be re-administered to the same examinee. * * * * * [FR Doc. 05–17226 Filed 8–30–05; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [DOT Docket No. NHTSA–2005–22242] RIN 2127–AJ57 Federal Motor Vehicle Safety Standards; Cargo Carrying Capacity National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: In this notice of proposed rulemaking (NPRM), we (NHTSA) seek to address the problem of motor home and travel trailer overloading by proposing to amend the Federal motor vehicle safety standard (FMVSS) on tire selection and rims for motor vehicles other than passenger cars. We are also proposing a related amendment to our safety standard for tire selection and rims for light vehicles. We propose to require manufacturers of motor homes and travel trailers over 4,536 kilograms (10,000 pounds) GVWR to provide information to consumers in a label that is intended to inform the consumer about the vehicle’s cargo carrying capacity (CCC). This information would be helpful both at the time the consumer is making a purchase decision and also as the consumer uses his or her vehicle. We also propose to require that the size of tires on the same motor homes and travel trailers be the same as the size of the tires listed on the tire information PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 51707 label required by the standard on tire selection and rims for motor vehicles other than passenger cars. We are limiting our CCC label to motor homes and travel trailers with a GVWR greater than 4,536 kilograms (10,000 pounds) as these are the vehicles that have large open interior areas that consumers fill with cargo. Recreational vehicles (RV) with GVWRs equal to or less than 4,536 kilograms (10,000 pounds) will be required to have less detailed CCC information as a result of an amendment to the FMVSS on tire selection and rims, which becomes effective September 1, 2005. It should be noted that on June 1, 2007, the FMVSS on tire selection and rims for motor vehicles other than passenger cars will apply to vehicles with a GVWR greater than 4,536 kilograms (10,000 pounds) and the FMVSS on tire selection and rims will apply to vehicles with a GVWR equal to or less than 4,536 kilograms (10,000 pounds). It is our belief that this proposed rule complements the efforts of the recreational vehicle industry to provide consumers with information in order to help reduce overloading motor homes and travel trailers. This rulemaking responds to a petition from Ms. Justine May. In addition, this proposed rule would provide regulatory relief for dealers from a labeling requirement in the safety standard on tire selection and rims for light vehicles. The standard’s requirement may currently require dealers which add even small amounts of weight to re-label the vehicles. Under the proposed amendment, dealers that add weight in excess of 0.5 percent of the vehicles’ gross vehicle weight ratings would be required to disclose this extra weight on labels affixed to the vehicles. Dealers could add lesser amounts of weight without needing to change or add labels. You should submit your comments early enough to ensure that Docket Management receives them not later than October 31, 2005. DATES: You may submit your comments in writing to: Docket Management, Room PL–401, 400 Seventh Street, SW., Washington, DC, 20590. Alternatively, you may submit your comments electronically by logging onto the Docket Management System Web site at http://dms.dot.gov. Click on ‘‘Help & Information’’ or ‘‘Help/Info’’ to view instructions for filing your comments electronically. Regardless of how you submit your comments, you should mention the docket number of this document. ADDRESSES: E:\FR\FM\31AUP1.SGM 31AUP1

Agencies

[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Proposed Rules]
[Pages 51705-51707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17226]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 97

[WT Docket No. 05-235; FCC 05-143]


Amateur Service Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: This document proposes to amend the amateur radio service 
rules to eliminate the requirement that individuals pass a telegraphy 
examination in order to qualify for any amateur radio operator license.

DATES: Submit comments on or before October 31, 2005 and reply comments 
are due November 14, 2005.

ADDRESSES: You may submit comments, identified by WT Docket No. 05-235; 
FCC 05-143, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's 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 TTY: (202) 418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: William T. Cross, 
William.Cross@fcc.gov, Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau, (202) 418-0680, TTY (202) 
418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rulemaking and Order 
(NPRM), WT Docket No. 05-235, FCC 05-143, adopted July 15, 2005, and 
released July 19, 2005. The full text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, 445 12th Street SW., Room CY-A257, Washington, DC 
20554. The complete text may be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 
12th Street, Suite CY-B402, Washington, DC 20554. Alternative formats 
are available for people with disabilities (Braille, large print, 
electronic files, audio format), by sending an e-mail to FCC504@fcc.gov 
or calling the Consumer and Government Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).
    1. The Commission initiated this proceeding to amend the part 97 
Amateur Radio Service rules in response to eighteen petitions for 
rulemaking. The petitioners request that we amend the Commission's 
amateur radio service rules to implement revised international Radio 
Regulations that were adopted at the 2003 World Radiocommunication 
Conference (WRC-03). The Commission found that some of the petitions 
have presented sufficient evidence to warrant proposing rule changes, 
and in the interest of administrative efficiency, it consolidated these 
proposals in this NPRM. Specifically, the Commission proposed to amend 
its amateur service rules to eliminate the requirement that individuals 
pass a telegraphy examination in order to qualify for any amateur radio 
operator license.

[[Page 51706]]

I. Procedural Matters

A. Ex Parte Rules--Permit-but-Disclose Proceeding

    2. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules.

B. Comment Dates

    3. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, interested parties may file comments on or before October 31, 
2005, and reply comments are due November 14, 2005.
    4. Commenters may file comments electronically using the 
Commission's Electronic Comment Filing System (ECFS), the Federal 
Government's eRulemaking Portal, or by filing paper copies. Commenters 
filing through the ECFS can be sent as an electronic file via the 
Internet to http://www.fcc.gov/e-file/ecfs.html. If multiple docket or 
rulemaking numbers appear in the caption of this proceeding, filers 
must transmit one electronic copy for 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. Commenters 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.'' Commenters will receive a sample form and 
directions in reply. Commenters filing through the Federal eRulemaking 
Portal http://www.regulations.gov, should follow the instructions 
provided on the Web site for submitting comments.
    5. Commenters who chose to file paper comments must file an 
original and four copies of each comment. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. All filings must be sent to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission, 
445 12th Street, SW., Room TW-A325, Washington, DC 20554.
    6. Commenters may send filings by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. The Commission's contractor 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. 
Commenters must bind all hand deliveries together with rubber bands or 
fasteners and must dispose of any envelopes before entering the 
building. This facility is the only location where the Commission's 
Secretary will accept hand-delivered or messenger-delivered paper 
filings. Commenters must send commercial overnight mail (other than 
U.S. Postal Service Express Mail and Priority Mail) to 9300 East 
Hampton Drive, Capitol Heights, MD 20743. Commenters should address 
U.S. Postal Service first-class mail, Express Mail, and Priority Mail 
to 445 12th Street, SW., Washington, DC 20554.

C. Paperwork Reduction Act

    7. This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

II. Initial Regulatory Flexibility Analysis

    8. The Regulatory Flexibility Act requires an initial regulatory 
flexibility analysis to be prepared for notice and comment rulemaking 
proceedings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' The RFA generally defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act. A ``small 
business concern'' is one which: (1) Is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    9. In this NPRM, we propose to amend the amateur service rules that 
presently require a person to demonstrate his or her ability to send 
and receive correctly a Morse code telegraphy message in order to 
qualify for certain amateur service operator licenses. Because ``small 
entities,'' as defined in the RFA, are not persons eligible for 
licensing in the amateur service, this proposed rule does not apply to 
``small entities.'' Rather, it applies exclusively to individuals who 
are taking an examination for an amateur radio operator license. Such 
amendment would be in the public interest because we believe that the 
present requirement is unnecessary and that eliminating the requirement 
would make the amateur service more attractive to individuals with a 
non-pecuniary interest in radio.
    10. In addition, the rules proposed in this NPRM potentially could 
affect publishers of amateur radio examination study material. Based on 
past inquiries and advertisements in communication-related magazines 
from these publishers, we estimate that there are between five and ten 
such publishers. The proposed rule changes, if adopted, would apply to 
individuals rather than publishers and would not result in a mandatory 
change in products offered by publishers of examination study material. 
(Because use of Morse code for amateur service communications would 
still be permitted even if the testing requirement is eliminated, a 
market would still exist for Morse code training material.) Therefore, 
we certify that the proposals in this NPRM, if adopted, will not have a 
significant economic impact on a substantial number of small entities. 
The Commission will send a copy of the NPRM, including a copy of this 
Initial Regulatory Flexibility Certification, to the Chief Counsel for 
Advocacy of the SBA. This initial certification will also be published 
in the Federal Register.

III. Ordering Clauses

    11. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rulemaking and Order, including the Initial Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

List of Subjects in 47 CFR Part 97

    Communications equipment, Radio.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 97 as follows:

PART 97--AMATEUR RADIO SERVICE

    1. The authority citation for part 97 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as

[[Page 51707]]

amended; 47 U.S.C. 151-155, 301-609, unless otherwise noted.

    2. Section 97.501 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  97.501  Qualifying for an amateur operator license.

* * * * *
    (a) Amateur Extra Class operator: Elements 2, 3, and 4;
    (b) General Class operator: Elements 2 and 3;
* * * * *


Sec.  97.503  [Amended]

    3. Section 97.503 is amended by removing paragraph (a), 
redesignating paragraph (b) as an undesignated introductory paragraph, 
and redesignating paragraphs (b)(1) through (3) as paragraphs (a) 
through (c), respectively.
    4. Section 97.505 is amended by removing paragraphs (a)(5) and 
(a)(7) through (9), redesignating paragraph (a)(6) as (a)(5), and 
revising paragraphs (a)(1) through (4) to read as follows:


Sec.  97.505  Element credit.

    (a) * * *
    (1) An unexpired (or expired but within the grace period for 
renewal) FCC-granted Advanced Class operator license grant: Elements 2 
and 3.
    (2) An unexpired (or expired but within the grace period for 
renewal) FCC-granted General Class operator license grant: Elements 2 
and 3.
    (3) An unexpired (or expired but within the grace period for 
renewal) FCC-granted Technician or Technician Plus Class operator 
(including a Technician Class operator license granted before February 
14, 1991) license grant: Element 2.
    (4) An expired FCC-issued Technician Class operator license 
document granted before March 21, 1987: Element 3.
* * * * *
    5. Section 97.507 is amended by removing paragraph (d) and revising 
paragraphs (a) introductory text, (a)(2) and (c) to read as follows:


Sec.  97.507  Preparing an examination.

    (a) Each written question set administered to an examinee must be 
prepared by a VE holding an Amateur Extra Class operator license. A 
written question set may also be prepared for the following elements by 
a VE holding an operator license of the class indicated:
* * * * *
    (2) Element 2: Advanced, General, or Technician Plus Class 
operators.
* * * * *
    (c) Each written question set administered to an examinee for an 
amateur operator license must be prepared, or obtained from a supplier, 
by the administering VEs according to instructions from the 
coordinating VEC.
    6. Section 97.509 is amended by revising paragraph (f), removing 
paragraph (g), redesignating paragraphs (h) through (m) as paragraphs 
(g) through (l) respectively, to read as follows:


Sec.  97.509  Administering VE requirements.

* * * * *
    (f) No examination that has been compromised shall be administered 
to any examinee. The same question set may not be re-administered to 
the same examinee.
* * * * *
[FR Doc. 05-17226 Filed 8-30-05; 8:45 am]
BILLING CODE 6712-01-P