Agencies and Commissions October 12, 2005 – Federal Register Recent Federal Regulation Documents

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

Pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13, the Federal Communications Commission received Office of Management and Budget (OMB) approval for the collection of orbital debris mitigation plans under 47 CFR 5.63(e), 25.114(d)(14), and 97.207(g) of the Commission's rules. Mitigation of Orbital Debris, IB Docket No. 02-54, OMB Control Number 3060-1013. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number.

This document requests comments on a petition for rule making filed by Entravision Holdings, L.L.C. (``Petitioner''), licensee of Stations KVVA-FM, Apache Junction, Arizona; KDVA(FM), Buckeye, Arizona, and KLNZ(FM), Glendale, Arizona. Petitioner requests that the Commission upgrade Channel 296C3, Station KVVA-FM, to Channel 296C1 and reallot Channel 296C1 from Apache Junction to Peoria, Arizona, as Peoria's first local aural transmission service; substitute Channel 229C3 for vacant Channel 297C3 at Aguila, Arizona; upgrade Channel 295A, Station KDVA(FM), to Channel 295C3, and reallot Channel 295C3 to Wenden, Arizona, as Wenden's first local aural transmission service; and reallot Channel 278C, Station KLNZ(FM), from Glendale to Buckeye, Arizona. In addition, since Black Entrepreneur Association, Inc. (``BEA'') has filed a rulemaking petition to allot Channel 229C3 at Wickenburg, Arizona, that is mutually exclusive with Petitioner's proposal to substitute Channel 229C3 for Channel 297C3 at Aguila, the Commission shall compare BEA's proposal with Petitioner's entire proposal to determine which proposal should be granted. The coordinates for proposed Channel 296C1 at Peoria, Arizona, are 33-35-47 NL and 112-05-31 WL, with a site restriction of 13.5 kilometers (8.4 miles) east of Peoria. The coordinates for proposed Channel 229C3 at Aguila, Arizona, are 33-56-34 NL and 113-10-24 WL. The coordinates for proposed Channel 295C3 at Wenden, Arizona, are 33-49-06 NL and 113-37-46 WL, with a site restriction of 8.2 kilometers (5.1 miles) west of Wenden. The proposed Channel 278C at Buckeye, Arizona, are 33-35-33 NL and 112-34-49 WL, with a site restriction of 24.7 kilometers (15.3 miles) north of Buckeye. Lastly, if BEA's proposal for Channel 229C3 at Wickenburg, Arizona is preferred over Petitioner's rulemaking proposal, Channel 229C3 can be allotted to Wickenburg at coordinates of 33-53-49 NL and 112-54-45 WL, with a site restriction of 18.7 kilometers (11.6 miles) southwest of Wickenburg, Arizona.

The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on requirements relating to off-exchange agricultural trade options.

This is an amendment of the Presidential declaration of a major disaster for the State of Louisiana (FEMA-1607-DR), dated 09/24/ 2005. Incident: Hurricane Rita. Incident Period: 09/23/2005 and continuing. Effective Date: 09/27/2005. Physical Loan Application Deadline Date: 11/23/2005. EIDL Loan Application Deadline Date: 06/26/2006.

This notice announces that the General Services Administration (GSA), Office of Governmentwide Policy (M), is granting a deviation from the Federal Management Regulation (FMR) to all agencies whose purchase of gasoline for motor vehicles has been impacted by Hurricanes Katrina and Rita. This deviation will allow Federal agencies to purchase premium gasoline for government owned and leased vehicles when lower grade gasoline is not available. This deviation can be found at www.gsa.gov/ vehiclepolicy and clicking on ``Deviation from 41 CFR 102-34.335''.

As required by the Computer Matching and Privacy Protection Act of 1988, RRB is issuing public notice of its use and intent to use, in ongoing computer matching programs, information obtained from the Social Security Administration (SSA) of the amount of wages reported to SSA and the amount of benefits paid by that agency. The RRB is also issuing public notice, on behalf of the Social Security Administration, of SSA's use and intent to use, in ongoing computer matching programs, information obtained from the RRB of the amount of railroad earnings reported to the RRB. The purposes of this notice are (1) to advise individuals applying for or receiving benefits under the Railroad Retirement Act of the use made by RRB of this information obtained from SSA by means of a computer match and (2) to advise individuals applying for or receiving benefits under the Social Security Act of the use made by SSA of this information obtained from RRB by means of a computer match.

In response to a Notice of Proposed Rule Making, 70 FR 19401 (April 13, 2005), this Report and Order reallots Channel 271C3, Station WLLE(FM) (``WLLE''), Clinton, Kentucky, to Mayfield, Kentucky, upgrades Channel 271C3 to Channel 271C2, and modifies Station WLLE(FM)'s license accordingly. In addition, this Report and Order reallots Channel 234C2 from Mayfield to Clinton, Kentucky, and modifies Station WQQR(FM)'s license accordingly. The Report and Order also relocates the transmitter site of Station WLIE-FM, Channel 232A, Golconda, Illinois, to avoid short spacing to Channel 234C2 at Clinton, Kentucky. The coordinates for Channel 271C2 at Mayfield, Kentucky are 36-40-36 NL and 88-29-29 WL, with a site restriction of 14.9 kilometers (9.2 miles) southeast of Mayfield. The coordinates for Channel 234C2 at Clinton are 36-45-51 NL and 88-39-55 WL, with a site restriction of 31.2 kilometers (19.4 miles) east of Clinton. The new coordinates for the transmitter site of Station WLIE-FM, Channel 232A, Golconda, Illinois are 37-14-18 NL and 88-29-40 WL, with a site restriction of 14.3 kilometers (8.9 miles) south of Golconda, Illinois.

This document grants a petition filed by Dana J. Puopolo requesting the allotment of Channel 257A at Cridersville, Ohio, as its first local service. See 69 FR 54613, published September 9, 2004. Channel 257A can be allotted consistent with the Commission's minimum spacing requirements, provided there is a site restriction of 11.8 kilometers (7.3 miles) north at reference coordinates 40-45-20 NL and 84-06-39 WL. The site restriction is necessary to prevent short-spacing to the licensed site of Station WBYR(FM), Channel 255B, Van Wert, Ohio. This allotment is located with 320 kilometers (199 miles) of the U.S.- Canadian border. The Canadian government has accepted concurrence for this allotment.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The Audio Division, at the request of Roger Mills County Broadcasting in its counterproposal to a petition for rulemaking by Charles Crawford, allots Channel 247C3 at Cheyenne, Oklahoma, as the community's first local aural transmission service. See 70 FR 19403, published April 13, 2005. See also Public Notice, Report No. 2723, RM- 11265*, issued July 29, 2005. Channel 247C3 can be allotted to Cheyenne in compliance with the Commission's minimum distance separation requirements. The reference coordinates for Channel 247C3 at Cheyenne are 35-37-25 North Latitude and 99-40-11 West Longitude with a site restriction of 1.1 kilometers (0.7 miles) north of Cheyenne. A filing window for Channel 247C3 at Cheyenne, Oklahoma 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.

This document requests comments on a Petition for Rule Making filed by Nancy C. Harper requesting the allotment of Channel 229C3 at St. Simons Island, Georgia, and a mutually exclusive Petition for Rule Making filed by Murphy Broadcasting requesting the allotment of Channel 229A to St. Simons Island. Either allotment would provide that community with its second local aural transmission service. To accommodate Harper's requested allotment of Channel 229C3, Harper requests the reclassification of FM Station WOGK, Channel 229C, Ocala, Florida, to specify operation on Channel 229C0 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 WOGK should not be downgraded from Channel 229C to 229C0, the licensee of FM Station WOGK stated that it would file an acceptable application meeting minimum Class C FM standards within the period required by our rules. Since the licensee filed an application that was deficient, and since the deficient application filed has been dismissed for failure to prosecute the application, the Commission proposes to reclassify Station WOGK to Class C0. Channel 229C3 can be allotted with a site restriction 16.4 kilometers (10.2 miles) northwest of St. Simons Island, at reference coordinates 31-14-54 NL and 81-29-57 WL. To accommodate the proposed allotment, the Commission proposes the reclassification of FM Station WOGK to specify operation on Channel 229C0. Channel 229A can be allotted to St. Simons Island at reference coordinates of 31-09-01 NL and 81-22-11 WL, if FM Station WOGK is reclassified to specify operation on Channel 229C0.

In this document, the Commission reminds Video Relay Service (VRS) providers, consumers, and businesses that VRS cannot be used as a substitute for ``in-person'' interpreting services or for Video Remote Interpreting (VRI). The Commission will continue to carefully scrutinize the provision and use of VRS to ensure that it is being used only as a means of accessing the telephone system, not as a substitute for VRI or as a means to gain free ``in-person'' interpreting services. Also, in this document, the Commission encourages persons requiring interpreting services and providing interpreting services, as well as VRS providers, to report any improper use of VRS to the Commission so that it may ensure that the Interstate Telecommunications Relay Service (TRS) Fund is compensating only legitimate VRS calls. The Commission continues to closely monitor alleged instances of the wrongful use of VRS, and will take whatever enforcement action is necessary and appropriate against such misuse.