Radio Broadcasting Services; Westfield, NY, 50630-50631 [2012-20682]
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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
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Regulatory Flexibility Certification
12. The Regulatory Flexibility Act of
1980, as amended (RFA),1 requires that
a regulatory flexibility analysis be
prepared for notice-and-comment rule
making proceedings, unless the agency
certifies that ‘‘the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.’’ 2 The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ 3 In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act.4 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).
13. The approach adopted in the First
Report and Order will remove a
statutory constraint on common carrier
licensees, by forbearing from applying
the 20 percent ownership limit under
section 310(b)(3) to the class of common
carrier licensees in which the foreign
ownership is held in the licensee
through intervening U.S.-organized
entities that do not control the licensee.
Instead of prohibiting foreign ownership
in excess of 20 percent under section
310(b)(3), the Commission will assess
whether the proposed foreign
ownership in excess of 20 percent is in
the public interest through an approval
process that is consistent with its
policies and procedures for approval of
foreign ownership in a U.S.-organized
entity that controls a licensee, under
section 310(b)(4). The Commission
believes that the new approach will
reduce costs and burdens currently
imposed on common carrier licensees,
including those licensees that are small
entities, while continuing to ensure that
the Commission has the information it
needs to carry out its statutory duties.
Therefore, the Commission certifies that
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
612, has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996,
Public Law 104–121, Title II, 110 Stat. 857 (1996).
2 5 U.S.C. 605(b).
3 5 U.S.C. 601(6).
4 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small business concern’’ in the Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business
applies ‘‘unless an agency, after consultation with
the Office of Advocacy of the Small Business
Administration and after opportunity for public
comment, establishes one or more definitions of
such term which are appropriate to the activities of
the agency and publishes such definitions(s) in the
Federal Register.’’
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the new approach will not have a
significant economic impact on a
substantial number of small entities.
The Commission will send a copy of the
First Report and Order, including a copy
of this Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the SBA.5 This certification
also will be published in the Federal
Register.6
Paperwork Reduction Act of 1995
Analysis
14. The First Report and Order does
not contain new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. The
information collection requirements for
the section 310(b) foreign ownership
approval process are included in OMB
Control No. 3060–0686. In addition,
therefore, this document does not
contain any new or modified
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).
Report to Congress
15. The Commission has included a
copy of the First Report and Order in a
report sent to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act. See 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
16. It is ordered, pursuant to sections
1, 2, 4(i), 4(j), 5(c), 10, 303(r), 308(b),
309, 310(b), 310(d), and 403 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
154(j), 155(c), 160, 303(r), 308(b), 309,
310(b), 310(d), and 403, that the First
Report and Order in IB Docket No. 11–
133 IS ADOPTED.
17. It is further ordered that the
requirements of this First Report and
Order shall be effective upon
publication in the Federal Register.7
18. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Regulatory Flexibility Certification, to
55
U.S.C. 605(b).
6 Id.
7 See 47 CFR 1.103, 1.427(b). As set forth above,
by forbearing from applying the strict section
310(b)(3) foreign ownership limit to the subject
class of common carrier licensees, we afford these
licensees and their potential owners greater
flexibility in the structuring of their investment,
free of a statutory constraint. Our action thereby
‘‘relieves a restriction’’ within the meaning of 5
U.S.C. 553(d)(1).
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the Chief Counsel for Advocacy of the
Small Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012–20704 Filed 8–21–12; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 12–51; RM–11647; DA 12–
1260]
Radio Broadcasting Services;
Westfield, NY
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Audio Division, at the
request of Connoisseur Media of Erie,
LLC, allots Channel 265A at Westfield,
New York, as its first local transmission
service. Channel 265A can be allotted to
Westfield consistent with the minimum
distance separation requirements of the
Rules with a site restriction 3.4
kilometers (2.1 miles) west of the
community. The reference coordinates
are 42–18–51 NL and 79–37–04 WL.
The allotment of Channel 265A at
Westfield is located 320 kilometers (199
miles) from the Canadian border.
Therefore, Canadian concurrence has
been requested and approved by the
Canadian government.
DATES: Effective September 17, 2012.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, adopted August 2, 2012, and
released August 3, 2012. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12th Street SW.,
Washington, DC 20554. This document
may also be purchased from the
Commission’s duplicating contractors,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or via email
www.BCPIWEB.com. This document
does not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. The Commission
will send a copy of this Report and
Order in a report to be sent to Congress
and the Government Accountability
SUMMARY:
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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
FOR FURTHER INFORMATION CONTACT:
Teresa McConahie, Office of the Chief
Procurement Officer, Department of
Homeland Security, (202) 447–0271.
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
I. Background
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336 and
339.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under New York, is
amended by adding Westfield, Channel
265A.
■
[FR Doc. 2012–20682 Filed 8–21–12; 8:45 am]
BILLING CODE 6712–01–P
48 CFR Parts 3001, 3002, 3003, 3004,
3005, 3006, 3012, 3018, 3022, 3023,
3033, 3035, 3036, 3042, 3045, 3052, and
3053
[Docket No. DHS–2009–0085]
RIN 1601–AA28
Homeland Security Acquisition
Regulation (HSAR); Revision Initiative
[HSAR Case 2009–002]
Office of the Chief Procurement
Officer, DHS.
ACTION: Final rule.
AGENCY:
DHS is issuing a final rule
amending multiple sections of the
Homeland Security Acquisition
Regulation (HSAR). These amendments
align existing content with the Federal
Acquisition Regulation (FAR);
implement Section 695 of the PostKatrina Emergency Management Reform
Act of 2006 by restricting the length of
certain noncompetitive contracts
entered into by the Department of
Homeland Security to facilitate the
response to or recovery from a natural
disaster, act of terrorism, or other
manmade disaster; clarify agency
acquisition regulations; and make
editorial corrections.
DATES: Effective Date: September 21,
2012.
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This final rule amends the
Department’s acquisition regulation
which was initially issued in 2003. 68
FR 67871 (Dec. 4, 2003), as amended at
71 FR 25767 (May 2, 2006). On
September 13, 2010, DHS published a
notice of proposed rulemaking NPRM,
with a public comment period ending
on November 12, 2010. 75 FR 55529.
DHS received no public comments on
this NPRM. DHS is now adopting the
proposed rule, with minor changes, as
final.
II. Discussion of Final Rule
DEPARTMENT OF HOMELAND
SECURITY
SUMMARY:
I. Background
II. Discussion of Final Rule
III. Regulatory Analyses
A. Executive Order 12866 (Regulatory
Planning and Review) and Executive
Order 13563 (Improving Regulation and
Regulatory Review)
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Executive Order 13132 (Federalism)
E. National Environmental Policy Act
In the NPRM, DHS proposed various
changes to the Homeland Security
Acquisition Regulations (HSAR),
including changes to 48 CFR part 3006
implementing section 695 of the PostKatrina Emergency Management Reform
Act of 2006 (PKEMRA), Public Law
109–295, 120 Stat. 1394, 1460 (Oct. 4,
2006). This final rule implements the
majority of the changes described in the
‘‘Discussion of Proposed Rule’’ section
of the NPRM. See 75 FR 55530–55532.
Additionally, as a result of further
internal review, DHS is making several
minor changes to the proposed rule in
this final rule. The changes are
administrative in nature and do not
change the substance of the rule. The
changes to the proposed rule include:
(1) Adding an ‘‘s’’ to the word ‘‘System’’
in the phrase ‘‘DHS Sensitive System
Handbook’’ at 3004.470–2; changing the
phrase ‘‘DHS legal counsel’’ to ‘‘legal
counsel’’ at 3003.204–(a); and correcting
the citation at 3003.1003(a) to read
‘‘(FAR) 48 CFR 52.203–13’’ in place of
‘‘(FAR) 49 CFR 52.203–13’’. DHS is
correcting these inadvertent
typographical errors to ensure the final
rule is clear and precise.
DHS is also making a technical
change by removing the proposed
change at (HSAR) section 3009.403
designating the DHS Heads of
Contracting Activity as the DHS
Suspension and Debarment Officials.
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50631
The Secretary of Homeland Security has
approved a new Suspension and
Debarment program which eliminates
the Heads of the Contracting Activities
as Suspension and Debarment Officials.
The change in the proposed rule is no
longer necessary and is not included in
this final rule.
DHS is also correcting the title of the
FEMA HCA at 3002.101 to read
‘‘Director, Office of Acquisition
Management (FEMA)’’ in place of
‘‘Director, Procurement (FEMA)’’. This
change is necessary due to a change in
the naming convention for this office.
In the NPRM, DHS proposed to delete
paragraph (d) of clause 3052.216–71,
Determination of Award Fee, to align
the HSAR with the OMB guidance,
Appropriate Use of Incentive Contracts
(Dec. 4, 2007). This final rule also
revises the date of the entire clause to
distinguish the existing version of the
clause from the revised version.
The NPRM also proposed the
inclusion of paragraph (k)(1) of
3052.204–71 Alternate I regarding
contractor employee access. In this final
rule, the proposed change to paragraph
(k)(1) is not included because a similar
provision already exists at (HSAR)
3004.470–2, citing to the DHS Sensitive
Systems Policy Directive 4300A and the
DHS 4300A Sensitive Systems
Handbook both of which address
contractor employee access.
Throughout this final rule, references
to Title 41 of the United States Code
have been revised to reflect the
recodification of Title 41 under Public
Law 111–350, January 4, 2011.
III. Regulatory Analyses
A. Executive Order 12866 (Regulatory
Planning and Review) and Executive
Order 13563 (Improving Regulation and
Regulatory Review)
This is not a significant regulatory
action under Section 6(b) of Executive
Order 12866, as supplemented by
Executive Order 13563, and the Office
of Management and Budget has not
reviewed this final rule. This final rule
is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), the term ‘‘small
entities’’ comprises of small businesses,
not for profit organizations that are
independently owned and operated and
are not dominant in their fields, and
government jurisdictions with
populations of less than 50,000. DHS
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
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Agencies
[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50630-50631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20682]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 12-51; RM-11647; DA 12-1260]
Radio Broadcasting Services; Westfield, NY
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Audio Division, at the request of Connoisseur Media of
Erie, LLC, allots Channel 265A at Westfield, New York, as its first
local transmission service. Channel 265A can be allotted to Westfield
consistent with the minimum distance separation requirements of the
Rules with a site restriction 3.4 kilometers (2.1 miles) west of the
community. The reference coordinates are 42-18-51 NL and 79-37-04 WL.
The allotment of Channel 265A at Westfield is located 320 kilometers
(199 miles) from the Canadian border. Therefore, Canadian concurrence
has been requested and approved by the Canadian government.
DATES: Effective September 17, 2012.
FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202)
418-2700.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, adopted August 2, 2012, and released August 3, 2012.
The full text of this Commission decision is available for inspection
and copying during normal business hours in the FCC's Reference
Information Center at Portals II, CY-A257, 445 12th Street SW.,
Washington, DC 20554. This document may also be purchased from the
Commission's duplicating contractors, Best Copy and Printing, Inc., 445
12th Street SW., Room CY-B402, Washington, DC 20554, telephone 1-800-
378-3160 or via email www.BCPIWEB.com. This document does not contain
proposed information collection requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104-13. The Commission will send a
copy of this Report and Order in a report to be sent to Congress and
the Government Accountability
[[Page 50631]]
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media Bureau.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 73 as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336 and 339.
Sec. 73.202 [Amended]
0
2. Section 73.202(b), the Table of FM Allotments under New York, is
amended by adding Westfield, Channel 265A.
[FR Doc. 2012-20682 Filed 8-21-12; 8:45 am]
BILLING CODE 6712-01-P