Amateur Service Rules, 3886-3888 [2010-1262]
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3886
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules
Flooding source(s)
Location of referenced elevation**
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
∧ Elevation in meters
(MSL)
Effective
Communities affected
Modified
**BEFs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Napa
Maps are Available for inspection at the City of Napa Public Works Department, 1600 1st Street, Napa, CA 94559.
Unincorporated Areas of Napa County
Maps are available for inspection at the Napa County Public Works Department, 1195 3rd Street, Suite 201, Napa, CA 94559.
[FR Doc. C1–2009–21472 Filed 1–22–10; 8:45 am]
BILLING CODE 1505–01–D
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 97
[WT Docket No. 09–209; FCC 09–102]
Amateur Service Rules
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: This document proposes to
amend the amateur radio service rules
to clarify certain rules and codify
existing procedures governing the
amateur service vanity call sign system,
and to revise certain rules applicable to
amateur service club stations.
DATES: Submit comments on or before
March 26, 2010 and reply comments are
due April 12, 2010.
ADDRESSES: You may submit comments,
identified by WT Docket No. 09–209;
FCC 09–102, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
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.
VerDate Nov<24>2008
16:23 Jan 22, 2010
Jkt 220001
FOR FURTHER INFORMATION CONTACT:
William T. Cross, 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. 09–209, FCC
09–102, adopted November 23, 2009,
and released November 24, 2009. 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, or by
downloading the text from the
Commission’s Web site at https://
www.fcc.gov/Daily_Releases/
Daily_Digest/2009/dd091125.html. The
complete text also 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. In this document, the Wireless
Telecommunications Bureau (WTB) of
the Federal Communications
Commission (Commission) amends the
part 97 Amateur Radio Service rules to
clarify certain rules and codifies
existing procedures governing the
amateur service vanity call sign system.
The Commission also revises certain
rules applicable to amateur service club
stations. The Commission found that
certain provisions in the rules
applicable to the vanity call sign system
should be codified in our rules, and
others added, so that the vanity call sign
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
system will be fair, equitable, and
transparent to all amateur service
licensees. Specifically, the Commission
proposes in the NPRM to amend the
amateur service’s vanity call sign rules
to: clarify the process by which such
call signs become available for
reassignment after the license expires or
is canceled; clarify the exceptions to the
rule that a call sign shown on a canceled
license is unavailable to the vanity call
sign system for two years; require that
applications requesting a change in
trustee include documentation signed
by an officer of the club when the
application is submitted to the Club
Station Call Sign Administrator; and, to
limit club stations to holding one call
sign.
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 sections 1.415 and
1.419 of the Commission’s rules,
interested parties may file comments on
or before March 26, 2010, and reply
comments are due April 12, 2010.
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 https://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
E:\FR\FM\25JAP1.SGM
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Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules
jlentini on DSKJ8SOYB1PROD with PROPOSALS
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
https://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
VerDate Nov<24>2008
16:23 Jan 22, 2010
Jkt 220001
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 applicable to
the vanity call sign system and club
station licensing. Because ‘‘small
entities,’’ as defined in the RFA, are not
persons eligible for licensing in the
amateur service, these proposed rules
do not apply to ‘‘small entities.’’ Rather,
the rules apply exclusively to
individuals who currently are amateur
service licensees and who are requesting
a specific call sign be assigned to their
station. Moreover, club stations are not
authorized to transmit any
communications in which the station
licensee or control operator has a
pecuniary interest, and thus do not
qualify as a ‘‘small entity.’’ 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.
10. Pursuant to sections 4(i), 4(j), and
303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
154(j), and 303(r), notice is hereby given
of the proposed amendment to part 97
of the Commission’s rules, 47 CFR part
97, as described above, and that
comment is sought on this proposal to
amend part 97 of the Commission’s
rules as set forth below.
11. Pursuant to § 1.407 of the
Commission’s rules, 47 CFR 1.407, the
Petition for Rule Making filed by
Barbara J. Levow on May 20, 2008 is
denied.
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Frm 00012
Fmt 4702
12. Pursuant to § 1.407 of the
Commission’s rules, 47 CFR 1.407, the
Petition to Change part 97.19(c)(2) of the
Amateur Radio Service Rules filed by
Steven Bryant on June 29, 2009 is
denied.
13. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this NPRM, 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
Radio.
Marlene H. Dortch,
Secretary,
Federal Communications Commission.
Proposed Rule Changes
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
amended; 47 U.S.C. 151–155, 301–609,
unless otherwise noted.
2. Section 97.3 is amended by
redesignating paragraphs (a)(27) through
(a)(49) as paragraphs (a)(28) through
(a)(50), and adding a new paragraph
(a)(27) to read as follows:
§ 97.3
Sfmt 4702
Definitions.
(a) * * *
(27) In-law. A parent or stepparent of
a licensee’s spouse; a licensee’s spouse’s
sibling; the spouse of a licensee’s
spouse’s sibling; or the spouse of a
licensee’s sibling, child, or stepchild.
*
*
*
*
*
3. Section 97.5 is amended by revising
paragraph (b)(2) to read as follows:
§ 97.5
III. Ordering Clauses
3887
Station license required.
*
*
*
*
*
(b) * * *
(2) A club station license grant. A club
station license grant may be held only
by the person who is the license trustee
designated by an officer of the club. The
trustee must be a person who holds an
operator/primary station license grant.
The club must be composed of at least
four persons and must have a name, a
document of organization, management,
and a primary purpose devoted to
amateur service activities consistent
with this part. After [date reserved], no
additional club station license grant will
be made to a club whose trustee already
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Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules
holds a club station license grant for
that club.
*
*
*
*
*
4. Section 97.19 is amended by
revising paragraphs (c)(2), (c)(3), and (d)
introductory paragraph to read as
follows:
§ 97.19
Application for a vanity call sign.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
*
*
*
*
*
(c) * * *
(2) A call sign shown on a
surrendered, revoked, set aside,
canceled (except for license that are
canceled pursuant to § 97.21(d), or
voided license grant is not available to
the vanity call sign system for 2 years
following the date such action is taken.
(The availability of a call sign shown on
a license canceled pursuant to § 97.21(d)
is governed by paragraph (c)(3) of this
section.)
(i) This 2-year period does not apply
to any license grant pursuant to
paragraph (c)(3)(i), (ii), or (iii) of this
section that is surrendered, canceled,
revoked, voided, or set aside because
the grantee acknowledged or the
Commission determined that the grantee
was not eligible for the exception.
(ii) An applicant to whose operator/
primary station license grant, or club
station license grant for which the
applicant is the trustee, the call sign was
previously assigned is exempt from this
2-year period.
(3) The call sign shown on a license
canceled pursuant to § 97.21(d) is not
available to the vanity call sign system
for 2 years following the person’s death,
or for 2 years following the expiration
of the license grant, whichever is
sooner; except that, when the licensee’s
death occurs prior to the license
expiration date, but the Commission
does not cancel the license until on or
after the date 30 days before the second
anniversary of the licensee’s death, the
call sign is not available to the vanity
call sign system for 30 days following
the date such action is taken.
Notwithstanding the foregoing, the call
sign shown on a license canceled
pursuant to § 97.21(d) is available
immediately. This provision does not
apply to an applicant:
(i) To whose operator/primary station
license grant, or club station license
grant for which the applicant is the
trustee, the call sign was previously
assigned; or
(ii) Who is the spouse, child,
grandchild, stepchild, parent,
grandparent, step-parent, brother, sister,
stepbrother, stepsister, aunt, uncle,
niece, nephew, or in-law of the person
now deceased or of any other deceased
former holder of the call sign; or
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16:23 Jan 22, 2010
Jkt 220001
(iii) Who is a club station license
trustee acting with a written statement
of consent signed by either the licensee
ante mortem but who is now deceased,
or by at least one relative as listed above
in (ii) of the person now deceased,
provided that the deceased licensee was
a member of the club.
(d) Except for an applicant whose
station had been formerly assigned the
call sign requested, the vanity call sign
requested by an applicant must be
selected from the group of call signs
corresponding to the same or lower
class of operator license held by the
applicant as designated in the
sequential call sign system.
*
*
*
*
*
5. Section 97.21 is amended by
revising the section heading and
paragraph (a)(1) and adding new
paragraph (d) to read as follows:
§ 97.21 Application for a modified,
renewed, or cancelled license grant.
(a) * * *
(1) Must apply to the FCC for a
modification of the license grant as
necessary to show the correct mailing
address, licensee name, club name,
license trustee name, or license
custodian name in accordance with
§ 1.913 of this chapter. For a club,
military recreation or RACES station
license grant, the application must be
presented in document form to a Club
Station Call Sign Administrator
(CSCSA) who must submit the
information thereon to the FCC in an
electronic batch file. The CSCSA must
retain the collected information for at
least 15 months and make it available to
the FCC upon request. An application to
modify a club station license grant to
change the license trustee name must be
submitted to a CSCSA by an officer of
the club. A CSCSA shall not file with
the Commission any application to
modify a club station license grant,
except to change a club station license
trustee, submitted by a person who is
not the trustee of record.
*
*
*
*
*
(d) A person may request cancellation
of an operator/primary station license
grant on account of the licensee’s death
by submitting a signed request that
includes a death certificate, obituary, or
Social Security Death Index (SSDI) data
clearly showing that the person named
in the operator/primary station license
grant has died. Such requests may be
submitted as pleadings associated with
the license. See § 1.45 of this chapter. In
addition, the Commission may cancel
an operator/primary station license
grant if it becomes aware of the grantee’s
death through other means. For
purposes of this section, when SSDI
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Sfmt 4702
data is submitted, it must be based on
the Social Security Administration
Death Master File current at the time of
the request.
[FR Doc. 2010–1262 Filed 1–22–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS–R7–MB–2009–0082;
91200–1231–9BPP–L2]
RIN 1018–AW67
Migratory Bird Subsistence Harvest in
Alaska; Harvest Regulations for
Migratory Birds in Alaska During the
2010 Season
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
public comment period.
SUMMARY: We, the U.S. Fish and
Wildlife Service, are reopening the
public comment period on our proposed
rule to establish migratory bird
subsistence harvest regulations in
Alaska for the 2010 season. This action
will allow all interested parties an
additional opportunity to comment on
our proposal.
DATES: Public comments: We will accept
comments received or postmarked on or
before February 18, 2010.
ADDRESSES: Public comments: You may
submit comments by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS–R7–MB–2009–0082.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R7–
MB–2009–0082; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
FOR FURTHER INFORMATION CONTACT: Fred
Armstrong, (907) 786–3887, or Donna
Dewhurst, (907) 786–3499, U.S. Fish
and Wildlife Service, 1011 E. Tudor
Road, Mail Stop 201, Anchorage, AK
99503.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\25JAP1.SGM
25JAP1
Agencies
[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Proposed Rules]
[Pages 3886-3888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1262]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 97
[WT Docket No. 09-209; FCC 09-102]
Amateur Service Rules
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend the amateur radio service
rules to clarify certain rules and codify existing procedures governing
the amateur service vanity call sign system, and to revise certain
rules applicable to amateur service club stations.
DATES: Submit comments on or before March 26, 2010 and reply comments
are due April 12, 2010.
ADDRESSES: You may submit comments, identified by WT Docket No. 09-209;
FCC 09-102, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: https://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, 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. 09-209, FCC 09-102, adopted November 23, 2009,
and released November 24, 2009. 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, or by downloading the text from the Commission's
Web site at https://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd091125.html. The complete text also 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. In this document, the Wireless Telecommunications Bureau (WTB)
of the Federal Communications Commission (Commission) amends the part
97 Amateur Radio Service rules to clarify certain rules and codifies
existing procedures governing the amateur service vanity call sign
system. The Commission also revises certain rules applicable to amateur
service club stations. The Commission found that certain provisions in
the rules applicable to the vanity call sign system should be codified
in our rules, and others added, so that the vanity call sign system
will be fair, equitable, and transparent to all amateur service
licensees. Specifically, the Commission proposes in the NPRM to amend
the amateur service's vanity call sign rules to: clarify the process by
which such call signs become available for reassignment after the
license expires or is canceled; clarify the exceptions to the rule that
a call sign shown on a canceled license is unavailable to the vanity
call sign system for two years; require that applications requesting a
change in trustee include documentation signed by an officer of the
club when the application is submitted to the Club Station Call Sign
Administrator; and, to limit club stations to holding one call sign.
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 sections 1.415 and 1.419 of the Commission's rules,
interested parties may file comments on or before March 26, 2010, and
reply comments are due April 12, 2010.
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 https://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
[[Page 3887]]
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 https://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
applicable to the vanity call sign system and club station licensing.
Because ``small entities,'' as defined in the RFA, are not persons
eligible for licensing in the amateur service, these proposed rules do
not apply to ``small entities.'' Rather, the rules apply exclusively to
individuals who currently are amateur service licensees and who are
requesting a specific call sign be assigned to their station. Moreover,
club stations are not authorized to transmit any communications in
which the station licensee or control operator has a pecuniary
interest, and thus do not qualify as a ``small entity.'' 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.
III. Ordering Clauses
10. Pursuant to sections 4(i), 4(j), and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and
303(r), notice is hereby given of the proposed amendment to part 97 of
the Commission's rules, 47 CFR part 97, as described above, and that
comment is sought on this proposal to amend part 97 of the Commission's
rules as set forth below.
11. Pursuant to Sec. 1.407 of the Commission's rules, 47 CFR
1.407, the Petition for Rule Making filed by Barbara J. Levow on May
20, 2008 is denied.
12. Pursuant to Sec. 1.407 of the Commission's rules, 47 CFR
1.407, the Petition to Change part 97.19(c)(2) of the Amateur Radio
Service Rules filed by Steven Bryant on June 29, 2009 is denied.
13. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this NPRM, 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
Radio.
Marlene H. Dortch,
Secretary,
Federal Communications Commission.
Proposed Rule Changes
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 amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
2. Section 97.3 is amended by redesignating paragraphs (a)(27)
through (a)(49) as paragraphs (a)(28) through (a)(50), and adding a new
paragraph (a)(27) to read as follows:
Sec. 97.3 Definitions.
(a) * * *
(27) In-law. A parent or stepparent of a licensee's spouse; a
licensee's spouse's sibling; the spouse of a licensee's spouse's
sibling; or the spouse of a licensee's sibling, child, or stepchild.
* * * * *
3. Section 97.5 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 97.5 Station license required.
* * * * *
(b) * * *
(2) A club station license grant. A club station license grant may
be held only by the person who is the license trustee designated by an
officer of the club. The trustee must be a person who holds an
operator/primary station license grant. The club must be composed of at
least four persons and must have a name, a document of organization,
management, and a primary purpose devoted to amateur service activities
consistent with this part. After [date reserved], no additional club
station license grant will be made to a club whose trustee already
[[Page 3888]]
holds a club station license grant for that club.
* * * * *
4. Section 97.19 is amended by revising paragraphs (c)(2), (c)(3),
and (d) introductory paragraph to read as follows:
Sec. 97.19 Application for a vanity call sign.
* * * * *
(c) * * *
(2) A call sign shown on a surrendered, revoked, set aside,
canceled (except for license that are canceled pursuant to Sec.
97.21(d), or voided license grant is not available to the vanity call
sign system for 2 years following the date such action is taken. (The
availability of a call sign shown on a license canceled pursuant to
Sec. 97.21(d) is governed by paragraph (c)(3) of this section.)
(i) This 2-year period does not apply to any license grant pursuant
to paragraph (c)(3)(i), (ii), or (iii) of this section that is
surrendered, canceled, revoked, voided, or set aside because the
grantee acknowledged or the Commission determined that the grantee was
not eligible for the exception.
(ii) An applicant to whose operator/primary station license grant,
or club station license grant for which the applicant is the trustee,
the call sign was previously assigned is exempt from this 2-year
period.
(3) The call sign shown on a license canceled pursuant to Sec.
97.21(d) is not available to the vanity call sign system for 2 years
following the person's death, or for 2 years following the expiration
of the license grant, whichever is sooner; except that, when the
licensee's death occurs prior to the license expiration date, but the
Commission does not cancel the license until on or after the date 30
days before the second anniversary of the licensee's death, the call
sign is not available to the vanity call sign system for 30 days
following the date such action is taken. Notwithstanding the foregoing,
the call sign shown on a license canceled pursuant to Sec. 97.21(d) is
available immediately. This provision does not apply to an applicant:
(i) To whose operator/primary station license grant, or club
station license grant for which the applicant is the trustee, the call
sign was previously assigned; or
(ii) Who is the spouse, child, grandchild, stepchild, parent,
grandparent, step-parent, brother, sister, stepbrother, stepsister,
aunt, uncle, niece, nephew, or in-law of the person now deceased or of
any other deceased former holder of the call sign; or
(iii) Who is a club station license trustee acting with a written
statement of consent signed by either the licensee ante mortem but who
is now deceased, or by at least one relative as listed above in (ii) of
the person now deceased, provided that the deceased licensee was a
member of the club.
(d) Except for an applicant whose station had been formerly
assigned the call sign requested, the vanity call sign requested by an
applicant must be selected from the group of call signs corresponding
to the same or lower class of operator license held by the applicant as
designated in the sequential call sign system.
* * * * *
5. Section 97.21 is amended by revising the section heading and
paragraph (a)(1) and adding new paragraph (d) to read as follows:
Sec. 97.21 Application for a modified, renewed, or cancelled license
grant.
(a) * * *
(1) Must apply to the FCC for a modification of the license grant
as necessary to show the correct mailing address, licensee name, club
name, license trustee name, or license custodian name in accordance
with Sec. 1.913 of this chapter. For a club, military recreation or
RACES station license grant, the application must be presented in
document form to a Club Station Call Sign Administrator (CSCSA) who
must submit the information thereon to the FCC in an electronic batch
file. The CSCSA must retain the collected information for at least 15
months and make it available to the FCC upon request. An application to
modify a club station license grant to change the license trustee name
must be submitted to a CSCSA by an officer of the club. A CSCSA shall
not file with the Commission any application to modify a club station
license grant, except to change a club station license trustee,
submitted by a person who is not the trustee of record.
* * * * *
(d) A person may request cancellation of an operator/primary
station license grant on account of the licensee's death by submitting
a signed request that includes a death certificate, obituary, or Social
Security Death Index (SSDI) data clearly showing that the person named
in the operator/primary station license grant has died. Such requests
may be submitted as pleadings associated with the license. See Sec.
1.45 of this chapter. In addition, the Commission may cancel an
operator/primary station license grant if it becomes aware of the
grantee's death through other means. For purposes of this section, when
SSDI data is submitted, it must be based on the Social Security
Administration Death Master File current at the time of the request.
[FR Doc. 2010-1262 Filed 1-22-10; 8:45 am]
BILLING CODE 6712-01-P