Notices. Final rule; Amendment; Notice of submission period extension
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BILLING CODE 6560-50-M ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 710 [EPA-HQ-OPPT-2006-0981; FRL-8109-9] RIN 2070-AC61 2006 Reporting Notice and Amendment; Partial Updating of TSCA Inventory Database; Chemical Substance Production, Processing, and Use Site Reports AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; Amendment; Notice of submission period extension. SUMMARY: EPA is amending the Toxic Substances Control Act
(TSCA)Inventory Update Reporting
(IUR)regulations by extending the submission deadline for 2006 reports from December 23, 2006 to March 23, 2007. This is a one-time extension for the 2006 submission period only. The IUR requires manufacturers and importers of certain chemical substances included on the TSCA Chemical Substance Inventory to report current data on the manufacturing, processing, and use of the substances. DATES: This final rule is effective December 20, 2006. The 2006 IUR submission period is extended to run from December 23, 2006 to March 23, 2007. ADDRESSES: EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPPT-2006-0981. All documents in the docket are listed on the regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. The EPA Docket Center (EPA/DC) suffered structural damage due to flooding in June 2006. Although the EPA/DC is continuing operations, there will be temporary changes to the EPA/DC during the clean-up. The EPA/DC Public Reading Room, which was temporarily closed due to flooding, has been relocated in the EPA Headquarters Library, Infoterra Room (Rm. 3334) in the EPA West Bldg., located at 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. EPA visitors are required to show photographic identification and sign the EPA visitor log. Visitors to the EPA/DC Public Reading Room will be provided with an EPA/DC badge that must be visible at all times while in the EPA Building and returned to the guard upon departure. In addition, security personnel will escort visitors to and from the new EPA/DC Public Reading Room location. Up-to-date information about the EPA/DC is on the EPA website at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Susan Sharkey, Economics, Exposure, and Technology Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)564-8789; e-mail address: *sharkey.susan@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information You may be potentially affected by this action if you manufacture (defined by statute at 15 U.S.C. 2602(7) to include import) chemical substances, including inorganic chemical substances, subject to reporting under IUR regulations at 40 CFR part 710. Any use of the term ‘‘manufacture'' in this document will encompass import, unless otherwise stated. Potentially affected entities may include, but are not limited to: Chemical manufacturers and importers subject to IUR reporting, including chemical manufacturers and importers of inorganic chemical substances (NAICS codes 325, 32411). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in 40 CFR 710.48. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . II. Background A. What Action is the Agency Taking? EPA is issuing this amendment to extend the 2006 submission period for IUR reporting until March 23, 2007. The December 19, 2005, Inventory Update Reporting Revisions Final Rule designated the IUR submission period to be August 25, 2006 to December 23, 2006. A subsequent **Federal Register** document was published on September 11, 2006 (71 FR 53335) (FRL-8088-5), again providing notice of the need to report and reiterating the August 25 to December 23, 2006, submission period. The Agency is taking this action in response to concerns raised by the regulated community about their ability to submit the required information within the prescribed period. Written requests to extend the IUR submission period are included in the docket (see ADDRESSES ). The compelling concerns raised by industry include the timing of guidance finalization, issues associated with the reporting software, and issues associated with first-time reporting for inorganic chemical substances. 1. *Guidance documents* . The guidance documents available to the regulated community prior to the submission period were draft final documents, which EPA did not finalize until about 2 months after the beginning of the submission period. 2. *Reporting software* . The Agency provided reporting software for the regulated community to use to complete the IUR reporting form. Some members of the regulated community have had difficulty with the reporting software, resulting in the need to recompile their information and spend significant time troubleshooting their systems. 3. *First-time reporting for inorganic chemical substances* . Members of the regulated community associated with the manufacturing (including importing) of inorganic chemical substances have many new and/or complex questions concerning the reportability and chemical identification of inorganic substances. EPA agrees that there are many aspects of manufacturing inorganic chemical substances that are quite different from those that exist in the realm of organic chemical substances, which had comprised the previous IUR reporting. Concerns were raised about the length of time needed to determine the answers to these complex questions. EPA believes it is appropriate to extend the reporting period to allow the reporters associated with inorganic chemical substances to determine their reporting obligations and to allow the regulated community to adjust to the new software and submit their reports. B. What is the Agency's Authority for Taking this Action? The IUR rule is issued pursuant to the authority of section 8(a) of TSCA, 15 U.S.C. 2607(a). The regulations for this rule are located at 40 CFR part 710, subpart C. In the **Federal Register** of January 7, 2003 (68 FR 848) (FRL-6767-4), EPA promulgated extensive amendments to the IUR regulation (2003 Amendments) to collect exposure-related information associated with the manufacturing, processing, and use of eligible chemical substances and to make certain other changes. Under section 553(b)(3)(B) of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), the Agency may issue a final rule without a prior proposal if it finds that notice and public participatory procedures are impracticable, unnecessary, or contrary to the public interest. In this case, for the extension sought, the Agency does find that normal notice and public process rulemaking is unnecessary. The Agency believes that this one-time extension is not of significant impact to the public. This action does not alter the substantive IUR reporting requirements in any way. The Agency also believes the one-time extension will not result in a significant delay in the processing and availability of IUR information to potential users. Further, this action is consistent with the public interest because it is designed to facilitate compliance with the IUR rule and to ensure that the 2006 collection includes accurate data on chemical manufacturing, processing, and use in the United States. Finally, any impact on the regulated community is expected to be beneficial given that the one-time extension provides additional time to submit IUR reports to EPA. Similarly, under section 553(d) of the APA, 5 U.S.C. 553(d), the Agency may make a rule immediately effective “for good cause found and published with the rule.” For the reasons discussed in this unit, EPA believes that there is “good cause” to make this amendment effective upon publication in the **Federal Register** . III. Statutory and Executive Order Reviews A. Executive Order 12866 This action is classified as a final rule because it makes an amendment to the Code of Federal Regulations (CFR). The amendment to the CFR is necessary to allow for a one-time extension to the 2006 reporting IUR period. This action does not impose any new requirements or amend substantive requirements. This action is not subject to review by the Office of Management and Budget
(OMB)under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993). B. Paperwork Reduction Act This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* . C. Regulatory Flexibility Act Because this action does not impose any new requirements or amend the substantive requirements, EPA certifies this action will not have a significant economic impact on a substantial number of small entities and there will be no adverse impact on small entities resulting from this action under section 605(b) of the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq* .) D. Unfunded Mandates Reform Act This action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)(Public Law 104-4). E. Executive Order 13132 The Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications'' is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” This action does not alter the relationships or distribution of power and responsibilities established by Congress. F. Executive Order 13175 The Agency has determined that this rule does not have any “tribal implications” as described in Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 22951, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This final rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045 This action does not require OMB review or any other Agency action under Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997). H. Executive Order 13211 Because this final rule is exempt from review under Executive Order 12866 due to its lack of significance, this final rule is not subject to Executive Order 13211, entitled *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001). I. National Technology Transfer Advancement Act This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). J. Executive Order 12898 This action does not involve special considerations of environmental justice related issues as required by Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). IV. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 710 Environmental protection, Chemicals, Hazardous materials, Inventory Update Reporting, IUR, Reporting and recordkeeping requirements, TSCA. Dated: December 15, 2006. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. Therefore, 40 CFR chapter I is amended as follows: PART 710—[AMENDED] 1. The authority citation for part 710 continues to read as follows: Authority: 15 U.S.C. 2607(a). 2. In § 710.53, revise the second sentence to read as follows: § 710.53 When to report. * * * The first submission period is from August 25, 2006 to March 23, 2007.* * * [FR Doc. E6-21711 Filed 12-19-06; 8:45 am] BILLING CODE 6560-50-S DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations
(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map
(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety
(90)days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)# Depth in feet above ground. Modified Communities affected Essex County, New Jersey and Incorporated Areas Docket No.: FEMA-B-7458 Bear Brook At Confluence with Canoe Brook +223 Township of Livingston. Approximately 1800 feet upstream of East Cedar Street +367 Canoe Brook Approximately 1500 feet downstream of S. Orange Avenue +202 Township of Livingston. At Confluence of Bear Brook +223 Canoe Brook Tributary No. 1 At Confluence with Canoe Brook +204 Township of Livingston. Approximately 1100 feet upstream of White Oak Ridge Road +254 Township of Milburn. Crystal Lake Branch At Confluence with West Branch of Rahway River +372 Township of West Orange. Approximately 200 feet upstream of Clarken Drive +498 Peckman River Approximately 1300 feet upstream of Erie Railroad +180 Township of Cedar Grove, Township of Verona, Township of West Orange. Approximately 250 feet downstream of Highway 577 +474 East Branch Rahway River Approximately 200 feet upstream of Millburn Avenue +99 City of Orange, Village of South Orange, Township of Maplewood. Just downstream of Forest Street +167 West Branch Rahway River Approximately 400 feet downstream of Orange Reservoir Dam +298 Township of West Orange. At Garfield Avenue +374 Slough Brook Just Downstream of Parsonage Hill Road +177 Township of Livingston. At Irving Avenue +280 # Depth in feet above ground. *National Geodetic Vertical Datum. +North American Vertical Datum. ADDRESSES Township of Cedar Grove Maps are available for inspection at the following locations: Municipal Building, 525 Pompton Avenue, Cedar Grove, NJ 07009. Township of Livingston Maps are available for inspection at the following locations: Town Hall, 357 South Livingston Avenue, Livingston, NJ 07039. Township of Maplewood Maps are available for inspection at the following locations: Town Hall, 570 Valley Street, Maplewood, NJ 07040. Township of Millburn Maps are available for inspection at the following locations: Town Hall, 375 Millburn Avenue, Millburn, NJ 07041. City of Orange Maps are available for inspection at the following locations: City Hall, 29 North Day Street, Orange, NJ 07050. South Orange Village Maps are available for inspection at the following locations: South Orange Village Hall, 101 South Orange Avenue, South Orange, NJ 07079. Township of Verona Maps are available for inspection at the following locations: Town Hall, 600 Bloomfield Avenue, Verona, NJ 07044. Township of West Orange Maps are available for inspection at the following locations: Town Hall, 66 Main Street, West Orange, NJ 07052. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 13, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-21680 Filed 12-19-06; 8:45 am] BILLING CODE 9110-12-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 73 [MB Docket No. 05-210; FCC 06-163] Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services AGENCY: Federal Communications Commission (FCC). ACTION: Final rule. SUMMARY: In this document, the Commission adopted a number of procedures and procedural changes designed to streamline the process of allocating new FM channels and modifying the communities of license of existing radio stations, and to reduce current backlogs in proceedings to amend the FM Table of Allotments. In the R&O, the Commission also announced that it would lift a freeze on all new petitions to amend the FM Table of Allotments, as of the effective date of the R&O. DATES: Effective January 19, 2007. FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau, Audio Division,
(202)418-2700 or *Peter.Doyle@fcc.gov* ; Thomas Nessinger, Attorney-Advisor, Media Bureau, Audio Division,
(202)418-2700 or *Thomas.Nessinger@fcc.gov* . For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, contact Cathy Williams at 202-418-2918, or via the Internet at *Cathy.Williams@fcc.gov* . SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995 Analysis The Report and Order (“R&O”) contains new and modified information collection requirements, which were proposed in the NPRM and are subject to the Paperwork Reduction Act of 1995 (“PRA”). 1 These information collection requirements were submitted on July 19, 2005, to the Office of Management and Budget (“OMB”) for review under Section 3507(d) of the PRA. In addition, the general public and other Federal agencies were invited to comment on these information collection requirements in the NPRM. The Commission further notes that pursuant to the Small Business Paperwork Relief Act of 2002, it previously sought specific comment on how the Commission might “further reduce the information collection burden for small business concerns with fewer than 25 employees.” The Commission received no comments concerning these information collection requirements. On September 15, 2005, the Commission obtained OMB approval for these information collection requirements, encompassed by OMB Control No. 3060-0027. This R&O adopts the information collection requirements, as proposed. 1 The Paperwork Reduction Act of 1995 (“PRA”), Pub. L. 104-13, 109 Stat 163
(1995)(codified in Chapter 35 of title 44 U.S.C.). Because, as detailed in the R&O, the Commission extends its new community of license minor modification procedures to FM NCE licensees and permittees, FCC Form 340 must be modified to accommodate the new information collection requirements of those procedures. The procedural requirements for FM NCE applicants for change of community of license will become effective after approval by OMB. The Commission published a separate **Federal Register** Notice seeking public comment on this new information collection requirement on November 22, 2006 ( *see* 71 FR 67581 (November 22, 2006)). Upon OMB approval, the Commission will issue a public notice announcing the effective date of this rule. This is a synopsis of the Commission's Report and Order (R&O), FCC 06-163, adopted November 3, 2006, and released November 29, 2006. The full text of the R&O is available for inspection and copying during regular business hours in the FCC Reference Center, 445 Twelfth Street, SW., Room CY-A257, Portals II, Washington, DC 20554, and may also be purchased from the Commission's copy contractor, BCPI, Inc., Portals II, 445 Twelfth Street, SW., Room CY-B402, Washington, DC 20554. Customers may contact BCPI, Inc. via their Web site, *http://www.bcpi.com* , or call 1-800-378-3160. This document is available in alternative formats (computer diskette, large print, audio record, and Braille). Persons with disabilities who need documents in these formats may contact Brian Millin at
(202)418-7426 (voice),
(202)418-7365 (TTY), or via e-mail at *Brian.Millin@fcc.gov* . Synopsis of Order 1. With this Report and Order (“R&O”), the Commission makes certain changes to its procedures for allotting and assigning channels, classes, and communities of license for AM and FM broadcast stations, as proposed in the original Notice of Proposed Rule Making (“NPRM”) in this proceeding. *Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Notice of Proposed Rule Making* , 20 FCC Rcd 11169 (2005). Specifically, the Commission makes changes of community of license for commercial full-power AM standard band and commercial and noncommercial educational (“NCE”) full-power FM broadcast stations a minor modification, to be accomplished by first come-first served minor modification application, subject to certain procedural requirements described below. To accommodate this change, the FM Table of Allotments, 47 CFR 73.202, shall henceforth contain only vacant allotments, and authorized full-power non-reserved band FM facilities already occupying allotments shall be listed only in the Media Bureau's Consolidated Data Base System (“CDBS”). As it does now, CDBS shall reflect the authorizations granted to those broadcasters operating on the listed channels and communities, and which are entitled to protection under our current rules. The Commission further adopts the proposal that it require allocations proponents simultaneously to file Form 301 applications with their allocations proposals, to submit the designated Form 301 filing fee, and to certify on Form 301 that they intend to apply to participate in auction bidding for the allotment should their proposal be adopted. The Commission also adopts the proposal to modify its rules to allow electronic filing of allocations documents. The Commission also lifts the current freeze on the filing of new petitions to amend the FM Table of Allotments, as of the effective date of the R&O. At this time, however, the Commission does not adopt the proposal to limit the number of proposals to add additional allotments or modify vacant allotments within a single rule making proposal, although it delegates to staff the discretion to return unreasonably large proposals or counter-proposals, if warranted. The Commission also declines to change its policy disfavoring the removal of a community's sole local transmission service to become another community's first local service, instead reiterating the need for parties contemplating such moves to seek waiver of the policy using existing law, and to demonstrate clearly the public interest benefits of such moves that would outweigh application of the policy in particular cases. 2. The Commission adopts the proposal to allow AM and FM full-power stations to change community of license by first come-first served minor modification application. Most commenters favored this proposal, and some opponents would mute their objections if the Commission adopted certain procedural safeguards. As the Commission tentatively concluded in the NPRM, and upon examination of the record in this proceeding, the Commission finds that the public interest would be served by streamlining current city of license modification procedures and employing certain safeguards to ensure that Section 307(b) of the Communications Act of 1934, as amended (47 U.S.C. 307(b)) (“Section 307(b)”) and other concerns are accommodated. The Commission also concludes that, given the maturity of the FM service, there is no need to continue utilizing rule making procedures to modify FM stations' communities of license merely because such procedures provide an opportunity to counter-propose allotments. The use of first come-first served procedures is consistent with the doctrine enunciated in *Ashbacker* v. *U.S.* , 326 U.S. 327 (1945), and the Commission believes that there have been ample opportunities for potential counter-proponents to propose new FM station allotments during the 43 years that the Commission has relied on the current Table of Allotments. Further, all parties will continue to have reasonable opportunities to make such proposals. Moreover, to the extent that commenters object to the lack of opportunity to file competing applications, because the Commission proposes to limit such applications to those mutually exclusive with the applicant's existing facilities, foreclosing competing applications does not, as a practical matter, deprive potential applicants of opportunities for comparative consideration. Finally, the Commission is convinced that adopting the proposed new procedure will preserve limited agency resources, reduce the time needed to process community of license changes and, accordingly, expedite the provision of enhanced broadcast service to the public. 3. Community of license changes for commercial and NCE full-power AM standard band and FM broadcast licensees may be filed as minor modification applications. These minor modification applications processed on a first come-first served basis will be limited to those applications where the proposed daytime facilities are mutually exclusive with the applicant's existing daytime facilities. Related minor change applications must be submitted concurrently, and will be subject to the requirements and restrictions that apply to contingent minor modification application filings. *See* 47 CFR 73.3517(e). Required reference coordinate changes (which are not set out in the Table of Allotments) will not count against the current limit of four contingent minor modification applications that may be filed simultaneously. Parties seeking to employ this procedure must file, with their applications, a detailed exhibit demonstrating that the proposed change constitutes a preferential arrangement of allotments under Section 307(b) of the Act as compared to the existing allotment(s). The Commission will require a narrative showing that the proposed community of license change represents a net service benefit, under the Section 307(b) priorities and policies used since 1982. *See Revision of FM Assignment Polices and Procedures* , 90 FCC 2d 88 (1982). Applicants also will be required to confirm the community status of the proposed new community of license, demonstrating that it constitutes a community suitable for allotment purposes. Between our body of Section 307(b) precedent and the procedural safeguards discussed herein, these procedures will ensure that grant of such applications comports with the Commission's statutory mission under Section 307(b) to distribute radio service fairly, efficiently, and equitably. Additionally, as noted in the NPRM, our minimum distance separation standards and spectrum congestion will limit substantial urban migration. The new procedure will also address the concerns that led the Commission in 1999 to decline to treat such applications as minor changes as well as most commenters' Section 307(b) concerns. *See 1998 Biennial Regulatory Review—Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules* , First Report and Order, 14 FCC Rcd 5272, 5278 (1999). 4. The Commission adopts certain additional safeguards to ensure that the public interest is served by the new procedures introduced herein. In performing Section 307(b) analyses under the new procedures adopted herein, the Commission will carefully consider whether an application would promote the fair, efficient, and equitable distribution of radio service. Under this analysis, a new permittee that obtained its permit after being awarded a dispositive Section 307(b) preference in an AM auction filing window should not be allowed to change communities prior to the commencement of broadcast operations in the originally authorized community unless the new community would compare equally or more favorably to the communities specified by the other mutually exclusive applicants in the auction Section 307(b) analysis. For example, an AM auction applicant that received a Priority
(3)preference by proposing first local service to a larger community than that specified in a competing applicant's first local service proposal could not seek to modify the initial construction permit by later specifying a community with a smaller population than the competitor's proposed community. Otherwise, AM auction applicants could initially select their communities solely on the basis of providing the greatest Section 307(b) advantage and avoiding an auction, without actually serving those communities. Likewise, the Commission will not award rapid, successive community changes that sidestep the mutual exclusivity requirement of the new procedure. Accordingly, any application proposing a community of license change filed by a permittee that has not built its current permitted facilities and that is not mutually exclusive with either the applicant's built and operating facilities or its original allotment shall be returned as unacceptable for filing. The analysis set forth in *Faye and Richard Tuck, Inc.* , Memorandum Opinion and Order, 3 FCC Rcd 5374 (1988), will be carefully applied in considering Section 307(b) showings submitted in support of first come-first served applications to change communities of license, and that a first local service preference will not be awarded to a community that is largely interdependent with the Urbanized Area or surrounding communities. The Commission declines to adopt a service floor requirement such as that suggested in the NPRM, believing that existing Section 307(b) priorities and policies are sufficient to safeguard existing service. The Commission finds that existing procedural requirements, along with local public notice requirements ( *see* 47 CFR 73.3580(c)(3), (d)(3), and (f)), will provide reasonable notice and opportunity for interested parties to comment under the new procedures introduced in the R&O. Broadcasters and members of the public may participate in the process of evaluating the grantability of a minor modification application to change community of license by filing informal objections. Arguments, evidence, and precedent may be presented in an informal objection as readily as in a more formal petition to deny, and are subject to the same evidentiary and legal standards. Moreover, the statutory right to file a petition for reconsideration, enumerated in Section 405 of the Communications Act of 1934, as amended (47 U.S.C. 405), provides a safety net for both relevant public interest considerations and participation by interested parties. Further, with regard to notice of applications, such minor modification applications will be listed in the Media Bureau's CDBS-generated “Broadcast Applications” public notices, much as AM major change applications are listed now. Due to the importance of local broadcast service to communities, however, the Commission believes it is vital that residents are provided adequate notice to enable them to file informal objections to, or comments in support of, a particular move. Thus, the Commission adopts its proposal to require the proponent to give local public notice in connection with such applications, notwithstanding that minor modification applicants generally need not provide local public notice. *See* 47 CFR 73.3580(a). Specifically, applicants under this new procedure shall provide local public notice as set forth in Sections 73.3580(c)(3), (d)(3), and
(f)of the Commission's rules (47 CFR 73.3580(c)(3), (d)(3), and (f)), and shall certify such compliance in Form 301. The Media Bureau shall also provide notice in the **Federal Register** that an application to modify an AM or FM station's community of license has been filed. Moreover, the Bureau will not act upon such an application until at least 60 days after publication in the **Federal Register** . The combination of local public notice under 47 CFR 73.3580, publication in the **Federal Register** , and the 60-day prohibition on Commission action will provide interested parties with ample notice and opportunity to comment on proposed community of license changes under our new procedures. Applicants themselves need only comply with the local public notice procedures, which are well known to licensees and permittees. The newspaper publication requirements of 47 CFR 73.3580(c)(3) will require the applicant to publish both in the current community of license and the proposed community, so as to give maximum notice to all residents potentially affected by grant of the application. 5. This new procedure will apply both to commercial full-service broadcast stations and also to full-power NCE stations. NCE FM allotments in the reserved band are not included in the Table of Allotments (see 47 CFR 73.201, 73.202(a), and 73.501(a)), and as non-tabled facilities such licensees must undergo a process similar to that undergone by AM licensees if they wish to change their communities of license, in that they must wait for an NCE filing window before applying to change communities. However, while reserved band NCE FM stations are non-tabled, the reserved band resembles the non-reserved FM band in most other respects, including maturity of the service, application of spacing rules, and spectrum congestion near larger cities. Because of these similarities, the Commission finds that the rationales for adopting the new procedure, such as streamlining of the current two-step process and maturity of the FM service, apply equally to NCE stations, and thus the new procedure will apply to NCE stations. However, the new procedures will not apply to expanded band AM stations, as allowing community of license changes by minor modification application for such stations could jeopardize the Commission's ability to develop a comprehensive plan for additional expanded band AM licensing. 6. There are currently fewer than 25 pending community change rule making proceedings for which a *Report and Order* has not been released. These parties will not be required to dismiss their rule making petitions and refile their proposals in the form of an application. However, a rule making petitioner that has submitted a community of license change proposal that could, under the new procedures, be filed as a minor modification application will be permitted to withdraw its rule making petition and to resubmit its proposal as an application on the effective date of the new procedure. A party choosing to dismiss a rule making petition and refile as an application may adversely affect its position with respect to earlier filed petitions for rule making or earlier or simultaneously filed applications. Parties opting to dismiss and refile should carefully consider whether doing so would be advantageous to their cut-off rights. 7. In order to accommodate the new procedure, the Commission will remove the allotments of currently authorized and awarded FM facilities from the Table of Allotments (47 CFR 73.202). Currently, all vacant FM allotments as well as FM assignments (that is, channels and communities occupied by authorized facilities) are listed in the Table of Allotments. All of these represent allotments and assignments added to the Table of Allotments through notice-and-comment rule making procedures over more than 40 years of the Table of Allotments' existence. Vacant allotments, which must be protected by all subsequent filings, serve as placeholders for future facilities. The same cut-off principles will apply to implementing applications filed under our comparative commercial and NCE procedures. Once an assignment is made, i.e., upon “reservation,” this record supersedes the vacant allotment. Thus, it is unnecessary for “occupied” allotments (that is, those that are licensed, permitted, or reserved) to be listed in the Table of Allotments—the authorizations and reserved assignments, reflected in CDBS, protect those facilities and govern their technical facilities and communities of license. Once a station is authorized, application procedures provide reasonable opportunities to interested parties to comment on or object to further modifications of authorized facilities. For this reason, as well as the maturity of the FM service discussed above, it is no longer necessary to change authorized non-reserved band FM stations' attributes through notice-and-comment rule making. Thus, the Commission shall amend the Table of Allotments to reflect only vacant allotments that do not correspond to an authorized station or reserved assignment. Assignments for licensed, permitted, and reserved facilities (those for which applications are pending) will be reflected solely in CDBS. In CDBS, channel/frequency and community assignments for currently authorized stations are represented as “FA USE.” “FA RSV” is used to designate assignments for winning auction bidders, NCE tentative selectees, and proposed assignments for stations that have filed, or have been directed to file, modification applications for authorized stations. These designations will continue to be used in CDBS to indicate the status and cut-off rights of assignments. Changes to the channel, class, or community of existing facilities will constitute changes to the individual authorizations or applications, rather than to 47 CFR 73.202, and therefore may be made through minor modification application procedures (as adjacent channel and class modifications have been made under the Commission's “one-step” procedures). However, the Commission will permit an FM non-reserved band permittee or licensee to use notice and comment procedures to modify its current assignment to specify a non-adjacent class upgrade or downgrade in the same community of license. This action is taken to preserve the facility improvement options now set forth at Section 1.420(g)(1) and (2). The Commission will retain the Table for vacant allotments and will continue to use rule making procedures to establish new channel allotments, as the procedures for new allotments allow for efficient consideration of all proposals and counterproposals in keeping with the Commission's Section 307(b) obligations. While Section 307(b) considerations enter into community of license changes to authorized facilities as well, the same detailed rule making procedures are not as essential when dealing with changes to authorized stations not subject to competing applications. Thus, new allotments and changes to vacant allotments will continue to be made via notice-and-comment rule making procedures. To the extent that a proposal or counter-proposal is contingent upon one or more such changes to vacant allotments, such proposals will also continue to be made via rule making proceedings. However, as discussed below, the Media Bureau will return any rule making proposals or counterproposals that do not propose changes to vacant allotments, except for notice and comment filings submitted pursuant to Section 1.420(g)(1) or (2). 8. A common aspect of FM allotment petitions and counterproposals, including city of license modifications, are proposed channel substitutions for both vacant allotments and authorized facilities. Rule making proponents are limited to two “involuntary” channel substitutions for authorized stations. *See Columbus, Central City, Crookston, Kearney, Lexington, McCook, and Valentine, Nebraska; and Hill City, Kansas* , Report and Order, FCC 86-59, 59 RR 2d 1184 (MMB 1984) (“ *Columbus, Nebraska* ”). Current procedures impose no limit on voluntary, i.e., consensual, channel substitutions. The bifurcated procedures adopted in the R&O for allotments and assignments require new procedures for these city of license application and rule making components. Channel substitutions for authorized facilities will be treated as “minor” changes. Voluntary channel changes must be proposed in the Form 301 applications as set forth below. Involuntary channel changes for authorized stations must be specified in the Form 301 application, but will continue to be limited to two under the *Columbus, Nebraska* policy. The staff will issue an order to show cause with regard to an involuntary channel change if it determines that the entire city of license modification proposal is acceptable for filing. These procedures accord with our current procedures, under which an order to show cause is issued when a rule making proponent seeks an involuntary change to another facility. Proposals to substitute channels for vacant allotments will be filed in accordance with established rule making procedures. 9. Under these revised procedures, certain FM city of license modification proposals may consist of several contingent applications. Some “hybrid” filings will consist of both applications and rule making filings. Both the “pure” and “hybrid” proposals will be subject to the requirements and restrictions that apply to contingent coordinated FM minor change filings. *See* 47 CFR 73.3517(c). It is not necessary to prohibit contingent city of license modification proposals. The staff currently and regularly handles rule making proposals involving several different allotments and communities. All contingent applications filed pursuant to the procedures adopted here will be subject to identical Section 307(b) analysis. The Commission is satisfied that this analysis will function effectively in the application context, just as it does in the rule making context, to safeguard the goals and principals of Section 307(b). All related proposals must be simultaneously filed and clearly cross-reference each of the other component filings. The dismissal, denial or return of any component filing will result in the dismissal or return of all the related filings. Both “pure” application and “hybrid” filings will be subject to the four-application limit. Both voluntary and involuntary channel changes for authorized stations will count toward the four-application limit. Those components filed pursuant to rule making procedures will not count toward the four-application limit. 10. In the NPRM, the Commission showed that a small percentage of petitioners seeking new allotments in the FM Table of Allotments (also known as “drop-in” petitions) were responsible for an inordinate percentage of the drop-in petitions filed. To date, those drop-in proponents have not actively participated in the auctions process. Thus, there appears to be a fundamental disconnect between those adding new allotments and those seeking to obtain authorizations pursuant to the Commission's competitive bidding procedures. Accordingly, in the NPRM the Commission proposed a mechanism to encourage only *bona fide* proponents to seek to add channels to the Table. The mechanism proposed was to require an allocations proponent simultaneously to file a Form 301 application, and pay the appropriate fee, with its petition for rule making. The applicant would also certify in the application that, if its allotment was adopted, it intended to apply to participate in the auction for the new channel. That form would then become the proponent's application for construction permit, should the channel be allotted and the petitioner be the winning bidder. Previously, rule making proponents for new FM allotments needed only to state that they were interested in applying for the station if allotted, and paid no filing fee until and unless the allotment was made and an application filed. The Commission believes that requiring Form 301 and the concurrent filing fee with a petition for rule making, which is currently not required, would discourage insincere proponents, and further believes, as stated in the NPRM, that the public interest is best served by processing only those proposals for new allotments filed by *bona fide* potential applicants, rather than devoting scarce staff resources to processing allotment proposals that may represent less-than-optimal choices to actual auction participants. Accordingly, the Commission adopts this proposal. A party filing a petition for rule making to add a new allotment to the Table, whether as an original proposal or as a counterproposal, must simultaneously file a Form 301 application specifying the proposed facilities. A separate Form 301 and fee must be filed for each proposed new allotment. The application shall include a certification that, if the FM channel allotment requested is adopted, petitioner/counter-proponent intends to apply to participate in the auction of the channel allotment requested and specified in this application. In the event the petitioner or counter-proponent is the high bidder for the allotment, it need only file an amendment to its Form 301 application, if necessary, and will not pay a further filing fee. However, while the Commission need not refund application filing fees paid by applicants whose applications are not granted ( *see Establishment of a Fee Collection Program to Implement the Provisions of the Omnibus Budget Reconciliation Act of 1989* , Memorandum Opinion and Order, 6 FCC Rcd 5919, 5925 n.40 (1991), citing Conference Report, 1989 U.S. Code Cong. & Ad. News at 3036), the Commission recognizes the inequity in retaining filing fees from parties whose rule making proposals are not granted, as the unfavorable disposition of their proposals would render their Form 301 applications a nullity. *See* 47 CFR 1.1113(a)(4). Refunding the filing fee of a successful rule making proponent that loses at auction places the proponent in the same position as competing bidders who were not required to file Form 301 pre-auction. Accordingly, the Commission will entertain waiver requests, pursuant to 47 CFR 1.1117, filed by a petitioner for a new allotment that files a Form 301 for the allotment, and that either has its allotment proposal denied in favor of another proposal or counterproposal, or that applies for the allotment and qualifies to bid for the allotment at auction, if the allotment is awarded to another higher-bidding applicant. A rule making proponent whose proposal is rejected may file its waiver request only after the proceeding is terminated and has become final. A successful rule making proponent who is not the winning bidder for the allotment may file its waiver request only after release of a public notice announcing the winning bidders in the auction. Provided that the waiver applicant has acted in good faith and in accordance with our Rules and statutes, the Commission will normally grant such waiver requests and issue refunds under 47 CFR 1.1113(a)(4) or 1.1113(a)(5), as applicable. However, such a waiver request will not be viewed favorably if, for example, the rule making petition for a new allotment is returned due to patent legal or engineering defects. Similarly, a successful petitioner that fails to apply to participate in the auction or qualify to bid on the new allotment will not receive a waiver, nor will a petitioner that is the high bidder but either withdraws its high bid or is found unqualified to be the permittee. 11. In the NPRM, the Commission proposed to supplement the policy announced in *Columbus, Nebraska,* which limited to two the number of proposals for involuntary channel substitution changes to the Table of Allotments. The Commission specifically proposed to limit the number of changes to the Table that a party might propose or counter-propose to five, absent waiver based on a showing of significant public interest benefits. It was noted that parties sometimes file proposals (frequently, counterproposals) involving large numbers of changes to facilities, which frequently consumed large amounts of staff resources, and the Commission tentatively concluded that the staff could more efficiently dispose of these proceedings if proponents were required to break them apart into several discrete components. After reviewing comments and upon further consideration, the Commission has determined that it should defer acting on this proposal while it determines the effects on the efficiency of our allocations procedures of the other proposals adopted in the R&O. However, due to concern about the effects of complex proposals and counterproposals on the staff's ability efficiently to process changes to the Table of Allotments, the Commission instructs the staff carefully to review all proposals of five or more changes to the Table of Allotments, including those that may contain fewer than five proposals per party but that are interrelated, such that one party's proposal is dependent on others. The staff may, in its discretion, break such proceedings into smaller ones, return those proposals or counterproposals that do not require changes to vacant allotments and may be filed as minor modification applications, or in extreme cases return proposals or counterproposals in their entirety. The Commission reserves the right to revisit this proposal if deemed necessary in the public interest and to preserve the integrity of the FM allotment and assignment plan. 12. In the NPRM, the Commission proposed to eliminate the existing prohibition against electronic filing of petitions filed in broadcast allotment proceedings, set forth in 47 CFR 1.401(b). Electronic filing has brought substantial benefits in other application contexts, specifically by streamlining processes and enhancing the accuracy and reliability of Commission databases, and those benefits should be extended to the allocations process. Therefore, the Commission adopts the proposal to eliminate from 47 CFR 1.401(b) the prohibition against electronic submission of petitions for rule making in broadcast allocations proceedings. The Media Bureau and Consumer and Governmental Affairs Bureau will announce, by public notice, such procedures as they will devise for submission of broadcast allocations petitions and other documents. It should be noted that, as these are restricted proceedings, such procedures must provide for service on all interested parties, as defined in the Commission's Rules ( *see* 47 CFR 1.1202(d)), by electronic or other appropriate means. 13. In the NPRM, the Commission sought comment on First Broadcasting Investment Partners, LLC's (“First Broadcasting”) proposal to abandon the Commission's existing policy against removing the sole local transmission service at a community in order to allow it to become the first local transmission service at another community. First Broadcasting contended that this policy undermines the goal of spectrum efficiency which, in its opinion, should favor provision of first local transmission service to the greatest population. First Broadcasting proposed a presumption that it is in the public interest to permit a station providing a community's sole local service to move to another community provided that
(a)at least two other stations provide principal community service to the entirety of the current community,
(b)the station would be the first local transmission service in the proposed community,
(c)the station moving would provide 70 dBμ service to a larger population in the proposed community of license, and
(d)the move would not cause any short spacing and/or would fully or partially resolve existing short spacing. First Broadcasting stated that its proposal would enable the staff to consider multiple public interest benefits of such proposed community of license changes, rather than ending its analysis at preservation of local service, and would ensure that the staff's Section 307(b) analysis will be conducted in an objective manner. After careful consideration and review of comments, the Commission declines to adopt this proposal. The Commission rejects the suggestion that objectivity in decision making can only be achieved by application of a defined multi-part test. Moreover, the Commission's experience shows that the reasons given by applicants for wanting to move the sole local service at a community are varied, and are better suited to a case-by-case waiver analysis than to a “one size fits all” test. Thus, the Commission retains its policy disfavoring removal of the sole local transmission service at a community, subject to waiver upon a detailed showing that retention of local service at a station's current community is contrary to the public interest, convenience, and necessity. For example, a showing that circumstances have changed to the extent that the current community of license is no longer a licensable community (due, perhaps, to a precipitous decline in population or significant loss of industry), or is no longer independent of a larger urban area, in the appropriate case might support a waiver to allow move of the station to serve a larger or more independent community. An AM licensee that has lost its transmitter site, and due to terrain or lack of available land cannot find a substitute site that would provide adequate community coverage, might also be able to present a compelling case for waiver. The foregoing examples are offered by way of illustration only, and are neither meant to be exhaustive nor are they meant to imply that a bare allegation of any of these circumstances will result in automatic waiver. All waiver requests are reviewed with an eye toward the particular facts as well as the context in which those facts are presented. Applicants are reminded that the waiver standard requires a detailed recitation of facts and circumstances, including documentary or testimonial (affidavit) evidence where appropriate, demonstrating special circumstances that warrant deviation from the policy, and showing that such deviation serves the public interest. *See Northeast Cellular Telephone Co.* v. *F.C.C.* , 897 F.2d 1164, 1166 (D.C. Cir. 1990), citing *WAIT Radio* v. *F.C.C.* , 418 F.2d 1153, 1157-59 (D.C. Cir. 1969). For example, the bare assertion that a station has lost its site, absent evidence showing an exhaustive but fruitless search for sites from which a sole local transmission service could comply with our technical rules, would not suffice to justify grant of a waiver to allow the station to move to another community. The standard for waiver of a Commission policy is high for a reason. The Commission's rules and policies impose ongoing community service obligations on broadcasters. Moreover, the Commission has concluded that Section 307(b) policies must take into account the public's legitimate expectation that existing broadcast services will be maintained. These considerations will necessarily limit the ability of licensees to move to larger or more lucrative markets. Thus, a broadcaster that sought to locate in a community is expected to serve that community, as is a broadcaster that purchased the sole local transmission service in a particular community. In the latter case, no broadcaster should invest in a station with the expectation that the Commission will routinely approve a request to move to a different community. However, in the rare but appropriate case, Commission policy permits the sole local broadcaster in a community to show that the public interest supports a move to a new community. 14. In the NPRM, the Commission announced a freeze on the filing of new petitions to amend the Table of Allotments, to enable it to complete this proceeding without adding new rule making proceedings that might better be filed under new procedures, and to help eliminate allocations backlogs. The freeze on filing new petitions to amend the Table of Allotments will be lifted on the effective date of this R&O. Because the procedural changes in this R&O will not become effective until 30 days after publication in the **Federal Register** , at that time applicants may file minor modification applications for changes to community of license of full-power FM, noncommercial educational FM, and standard-band AM stations. Similarly, applicants wishing to file coordinated, contingent minor change applications and petitions for rule making as discussed herein must wait until the new community of license application procedures become effective before filing either minor change applications or rule making petitions. 15. Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980, as amended (“RFA”) 2 an Initial Regulatory Flexibility Analysis (“IRFA”) was incorporated in the Notice of Proposed Rule Making (“NPRM”) to this proceeding. 3 The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. The Commission received no comments on the IRFA. This present Final Regulatory Flexibility Analysis (“FRFA”) conforms to the RFA. 4 2 *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 (“SBREFA”), Pub. L. 104-121, Title II, 110 Stat. 847 (1996). The SBREFA was enacted as Title II of the Contract With America Advancement Act of 1996 (“CWAAA”). 3 *NPRM,* 20 FCC Rcd 11169, 11190, 11192. 4 *See* 5 U.S.C. 604. 16. Need for, and Objectives of, the Report and Order. This Report and Order (“R&O”) adopts rule changes and procedures to streamline the Commission's procedures for adding and modifying certain broadcast station allotments, and to streamline the Commission's FM commercial allotment procedures by allowing electronic filing of rule making petitions to change the FM Table of Allotments. In particular, the rules adopted by this R&O, as required by statute, will permit broadcast permittees and licensees of all full-service AM and FM broadcast stations (except for AM stations in the expanded band) to change their stations' communities of license by filing a minor modification application rather than through rule making proceedings. The new rules also will require parties seeking to add new allotments to the FM Table of Allotments simultaneously to file Form 301 for the new facilities at the time of filing a petition for rule making, rather than after auction. Finally, the new rules eliminate a rule-based prohibition against proponents of new channels in the FM Table of Allotments filing petitions for rule making electronically. 17. Summary of Significant Issues Raised by Public Comments in Response to the IRFA. There were no comments filed that specifically addressed the rules and policies proposed in the IRFA. 18. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply. The RFA directs the Commission to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by the rules adopted herein. 5 The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small government jurisdiction.” 6 In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. 7 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). 8 5 5 U.S.C. 603(b)(3). 6 *Id.* Sec. 601(6). 7 *Id.* Sec. 601(3) (incorporating by reference the definition of “small business concern” in 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 definition(s) in the **Federal Register** .” 5 U.S.C. 601(3). 8 15 U.S.C. 632. Application of the statutory criteria of dominance in its field of operation and independence are sometimes difficult to apply in the context of broadcast television. Accordingly, the Commission's statistical account of television stations may be over-inclusive. 19. The subject rules and policies potentially will apply to all AM and commercial FM radio broadcasting licensees and potential licensees. The SBA defines a radio broadcasting station that has $6.5 million or less in annual receipts as a small business. 9 A radio broadcasting station is an establishment primarily engaged in broadcasting aural programs by radio to the public. 10 Included in this industry are commercial, religious, educational, and other radio stations. 11 Radio broadcasting stations which primarily are engaged in radio broadcasting and which produce radio program materials are similarly included. 12 However, radio stations that are separate establishments and are primarily engaged in producing radio program material are classified under another NAICS number. 13 According to Commission staff review of BIA Publications, Inc. Master Access Radio Analyzer Database on November 2, 2006, about 10,449 (95%) of 10,979 commercial radio stations have revenue of $6.5 million or less. First Broadcasting, which filed the Petition for Rule Making in this proceeding, is included in the definition of “small business.” We note, however, that many radio stations are affiliated with much larger corporations having much higher revenue. Our estimate, therefore, likely overstates the number of small entities that might be affected by any ultimate changes to the allocation rules. 9 *See* 13 CFR 121.201, NAICS Code 515112. 10 *Id.* 11 *Id.* 12 *Id.* 13 *Id.* 20. Description of Projected Reporting, Record Keeping and other Compliance Requirements. As described, certain rules and procedures will change, but at most will only minimally increase the reporting requirements on existing and potential radio licensees and permittees, insofar as some of the proposed changes require the filing of application forms rather than rule making petitions. However, the forms to be filed are existing FCC application forms with which broadcasters are already familiar, so any additional burdens are minimal. Applicants seeking to modify a station community of license will need to include, with their Form 301 applications, an exhibit detailing how the proposed community change comports with the policies underlying Section 307(b) of the Communications Act of 1934, as amended. However, current practice requires that rule making proponents demonstrate that the proposed new community of license represents a superior arrangement of allotments under Section 307(b), so any new burdens are minimal. The new rule will also require that applicants for a new community of license provide local public notice in local newspapers and on air. These will impose additional burdens upon applicants. These burdens are identical to those imposed upon applicants for new broadcast facilities and applicants seeking to assign or transfer broadcast licenses. As such, any new burdens are familiar to broadcast licensees, are already set forth in our rules, and are necessary to ensure that members of the public are notified of proposed changes and are afforded the opportunity to comment. 21. Additionally, parties seeking to add new allotments to the FM Table of Allotments must simultaneously file FCC Form 301 with their petitions to add new allotments, and pay the Form 301 filing fee at that time. This requires petitioners for new allotments to file Form 301 earlier in the process than is the case now. However, it is the same Form 301 as is currently filed by successful auction bidders. The only difference from Form 301 currently filed by applicants consists of a certification that the proponent of the new FM allotment will participate in the auction for the new channel if allotted. To the extent that the proponent/applicant is not the winning bidder for the new allotment, the applicant may apply for waiver and refund of the fee; however, the burden will be increased to the extent that such an unsuccessful bidder would not currently be required to file Form 301. 22. Steps Taken to Minimize Significant Impact of Small Entities, and Significant Alternatives Considered. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others):
(1)The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities;
(2)the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities;
(3)the use of performance, rather than design, standards; and
(4)an exemption from coverage of the rule, or any part thereof, for small entities. 14 14 5 U.S.C. 603(c)(1)-(c)(4). 23. The procedural changes adopted in the R&O for adding FM channel allotments and changing stations' communities of license are designed to make the process faster and more efficient, reducing delays to broadcasters in implementing new radio service. The procedure for changing a station's community of license will move from the current two-step process to a one-step minor application process, thus saving applicants time and resources. The Commission will require that petitioners for new FM channel allotments simultaneously file Form 301, and pay the prescribed filing fee for Form 301. Although this requires payment of the filing fee earlier than is the case in current practice, to the extent that petitioners ultimately obtain construction permits for these allotments, it is a fee they would be required to pay in any event, therefore this requirement should impose a minimal burden on petitioners. The Commission also eliminates the current prohibition on electronic filing of petitions to amend the FM Table of Allotments and comments on such proposals. Electronic filing, when implemented, will reduce burdens on all broadcasters, including small entities, by reducing the time and effort spent in preparing and submitting such documents in hard copy, as is the current practice. 24. Report to Congress. The Commission will send a copy of the *R&O,* including this FRFA, in a report to be sent to Congress and the Government Accountability Office pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996. 15 In addition, the Commission will send a copy of the *R&O,* including the FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the *R&O* and FRFA (or summaries thereof) will also be published in the **Federal Register** . 16 15 *See id.* Sec. 801(a)(1)(A). 16 *See id.* Sec. 604(b). Ordering Clauses 25. Accordingly, *it is ordered,* pursuant to the authority contained in Sections 1, 2, 4(i), 303(r), and 307 of the Communications Act of 1934, 47 U.S.C 151, 152, 154(i), 303(r), and 307, this *Report and Order* is hereby adopted and the Commission's Rules *are hereby amended* as set forth in the Rule Changes. 26. *It is further ordered* that the rule amendments set forth in the Rule Changes *will become effective* 30 days after publication in the **Federal Register** . 27. *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 Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects 47 CFR Part 1 Practice and procedure. 47 CFR Part 73 Radio broadcast services. Federal Communications Commission. William F. Caton, Deputy Secretary. Rule Changes For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 1 and 73 as follows: PART 1—PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read as follows: Authority: 15 U.S.C. 79 *et seq.* ; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309. 2. Section 1.401 is amended by revising paragraph
(b)and the last sentence of paragraph
(d)to read as follows: § 1.401 Petitions for rulemaking.
(b)The petition for rule making shall conform to the requirements of §§ 1.49, 1.52, and 1.419(b) (or § 1.420(e), if applicable), and shall be submitted or addressed to the Secretary, Federal Communications Commission, Washington, DC 20554, or may be submitted electronically.
(d)* * * Petitions to amend the FM Table of Allotments must be accompanied by the appropriate construction permit application and payment of the appropriate application filing fee. 3. Section 1.420 is amended by revising the section heading, revising paragraph
(g)and adding new Note to § 1.420 following paragraph (j); the revisions set forth below are to read as follows: § 1.420 Additional procedures in proceedings for amendment of the FM or TV Tables of Allotments, or for amendment of certain FM assignments.
(g)The Commission may modify the license or permit of a UHF TV station to a VHF channel in the same community in the course of the rule making proceeding to amend § 73.606(b), or it may modify the license or permit of an FM station to another class of channel through notice and comment procedures, if any of the following conditions are met:
(1)There is no other timely filed expression of interest, or
(2)If another interest in the proposed channel is timely filed, an additional equivalent class of channel is also allotted, assigned or available for application. Note to Paragraph (g): In certain situations, a licensee or permittee may seek an adjacent, intermediate frequency or co-channel upgrade by application. See § 73.203(b) of this chapter. Note to § 1.420: The reclassification of a Class C station in accordance with the procedure set forth in Note 4 to § 73.3573 may be initiated through the filing of an original petition for amendment of the FM Table of Allotments. The Commission will notify the affected Class C station licensee of the proposed reclassification by issuing a notice of proposed rule making, except that where a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to § 73.3573, and a notice of proposed rule making will be issued only after the reclassification issue is resolved. Triggering petitions will be dismissed upon the filing, rather than the grant, of an acceptable construction permit application to increase antenna height to at least 451 meters HAAT by a subject Class C station. PART 73—RADIO BROADCAST SERVICES 4. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. 5. Section 73.202 is amended by revising paragraph
(a)introductory text, paragraph (a)(2) and paragraph (b), the Note following paragraph (a)(2) remains unchanged, the following revisions are to read as follows: § 73.202 Table of Allotments.
(a)*General.* The following Table of Allotments contains the channels (other than noncommercial educational Channels 201-220) designated for use in communities in the United States, its territories, and possessions, and not currently assigned to a licensee or permittee or subject to a pending application for construction permit or license. All listed channels are for Class B stations in Zones I and I-A and for Class C stations in Zone II unless otherwise specifically designated. Channels to which licensed, permitted, and “reserved” facilities have been assigned are reflected in the Media Bureau's publicly available Consolidated Data Base System.
(2)Each channel listed in the Table of Allotments reflects the class of station that is authorized to use it based on the minimum and maximum facility requirements for each class contained in § 73.211.
(b)*Table of FM Allotments.* Channel No. ALABAMA Anniston *261C3 Boligee 297A Coosada 226A Frisco City 278A Livingston 242A Maplesville 292A New Hope 278A Pine Level 248A Rockford 286A Saint Florian 274A ALASKA Palmer 238C1 ARIZONA Aguila 297C3 Ajo 295A Ash Fork 267A Bagdad 269C3 Chino Valley 223A Ehrenberg 286C2 First Mesa 247C Fredonia 278C1 Grand Canyon Village 273C1 Heber 288C2 Huachuca City 232A Leupp 255C2 Overgaard 232C3 Parker 247C3 Patagonia 251A Paulden 263C3 Peach Springs 285C3 Pima *296A Pinetop 294C1 Quartzsite 275C3, 290C2 Rio Rico 300A Sells 285A Snowflake 258C2 Somerton *260C3 Taylor 278C3 Wickenburg 229C3 Willcox *223C3 ARKANSAS Altheimer 251C3 Arkadelphia 228A Bearden 224A Clarendon 281A Cove 232A Daisy 293C3 Gassville 224A Greenwood 268A Hermitage 300A Paragould 257A Rison 255A Sparkman 259A Strong 296C3 CALIFORNIA Alturas 268C1, 277C Amboy 237A Barstow 267A Big Sur 240A Blythe 239B Burney 225A Buttonwillow 265A Cambria 287A, 293A Cedarville 260A Cloverdale 274A Coachella 278A Covelo 245A Desert Center 288A Essex 280B Greenfield 254A Hemet 273A Kerman 224A Kernville 289A King City 275A Lake Isabella 239A Lamont 247A McKinleyville 236C3, 277C3 Mecca 274A Mojave 255A Murrieta 281A Nevada City 297A Portola 269A Randsburg 271A Ridgecrest 229A, 252A San Joaquin 299A Susanville 262A Sutter Creek *298A Tecopa 291A Trona 247A Twentynine Palms 270A Wasco 224A Waterford 294A Westley *238A Willow Creek 253A COLORADO Arriba 240A Aspen 228A Cheyenne Wells 224C1 Crawford 274C3 Crested Butte 246C3 De Beque 275C3 Durango 287A Flagler 283C3 Fruita 255C3 Genoa 291C3 Gunnison 265C2, 299C3 Hotchkiss 258C3 Hugo 222A Lake City 247A Olathe *270C2, *293C Orchard Mesa 249C3 Steamboat Springs 255A, 289A Strasburg 249C3 Stratton 246C1 CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORIDA Big Pine Key *239A Cedar Key 261A Cross City 249C3 Daytona Beach Shores 258A Eastpoint 283A Horseshoe Beach *234C3 Islamorada 283C2 Jasper 298A Key Largo 237C3 Key West 244A Lake Park 262A Live Oak *259A Okeechobee 291A Otter Creek *240A Palm Coast 254A Perry 228A Port St. Joe 270C3 Silver Springs Shore 259A Sugarloaf Key 289A GEORGIA Alamo 287C3 Americus 295A Calhoun 233A Crawfordville 234A Cusseta 279A Dexter 276A Homerville 246A Lincolnton 254A Milner 290A Morgan 228A Patterson 296A Pineview 226A Plains 290A Plainville 285A Reynolds *245A St. Simons Island 229C3 Tallapoosa 255A Tignall 244A Ty Ty 249A Wadley 227A Woodbury 233A Young Harris 236A HAWAII Kailua-Kona 244A Kihei 298C2 IDAHO McCall 228C3, 238C3, 275C3, 293C3 Weiser *280C1 ILLINOIS Abingdon 252A Altamont 288A Augusta 253A Canton *277A Cedarville *258A Clifton *297A Cuba 292A Freeport *295A Grayville 229A Pinckneyville *282A West Salem 266A INDIANA Bloomfield 266A Farmersburg *242A Fowler 291A Madison *265A Terre Haute 298B IOWA Asbury *238A Keosauqua *271C3 Moville *246A North English 246A Rudd *268A KANSAS Americus 240A Atwood 292C0 Council Grove *281C3 KENTUCKY Burgin 290A Morgantown 256A Science Hill 291A Smith Mills *233A LOUISIANA Anacoco 276C3 Bordelonville 280A Cameron 296C3 Clayton 266A Colfax 267A Dulac 242A Florien 242A Franklin 295C3 Golden Meadow *289C2 Harrisonburg 232A Haynesville 288A Homer *272A Hornbeck 269A Lake Providence 224A Leesville 224A New Llano 252C3 Oak Grove 289A Oil City 285A Opelousas 279A Ringgold *253C3 Rosepine 281A St. Joseph 257C3 Wisner 300C3 MAINE Monticello 234A MARYLAND MASSACHUSETTS Adams 255A East Harwich 254A Nantucket 249A West Tisbury *282A MICHIGAN Alpena 289A Crystal Falls 280C2 Custer 263A Ferrysburg 226A Fife Lake 240C2 Frederic 237A Glen Arbor 227A Harrison 280A Hubbardston *279A Houghton 242C1 Ludington 242A McBain 300A Onaway 292C2 Paradise 234A Pentwater 280A Traverse City 283A MINNESOTA Baudette 233C1 Grand Portage 224C, 245C0, 274C Red Lake 231C1 MISSISSIPPI Calhoun City 272A Greenwood 277A Holly Springs 243A Marietta 250A Oxford 286A Vaiden 271A Vardaman 258A Walnut Grove 244C2 MISSOURI Alton 290A Bourbon 231A Columbia 252C2 Doolittle 283A Eminence 281A Grandin 283A Huntsville *278C2 Laurie *265C3 Lowry City 285A Madison 247C3 Marceline 256A Marquand 295A Moberly 223A MONTANA Bozeman *240C3 Cut Bank 274C1 Lewistown 300C1 Montana City 293A Outlook 289C Roundup 248A Whitehall 274A NEBRASKA Arthur 300C1 Firth 229A Hartington 232C2 Hyannis 250C1 Pierce 248C2 NEVADA Battle Mountain 253A Fallon Station 287C Fernley 231C3 Pahrump 272C3 Silver Springs 273C NEW HAMPSHIRE Enfield 282A Groveton 268A Pittsburg 246A NEW JERSEY NEW MEXICO Alamo Community *298A Alamogordo 240C2 Carrizozo 261C2 Clayton 248C1 Grants 244C3 Las Vegas 283C2, 296A Milan 270A Roswell 237C0 Taos 228A, 288A Taos Pueblo 292C3 NEW YORK Amherst 221A Celoron 237A Indian Lake 290A Keeseville 231A Montauk 235A Morrisonville 231A Rhinebeck *273A Rosendale 255A, 273A NORTH CAROLINA Dillsboro 237A Garysburg 276A Ocracoke 224C1 NORTH DAKOTA Berthold 264C Tioga 281C1 Williston 253C1 OHIO Ashtabula 241A Cridersville 257A McConnelsville 279A North Madison 229A OKLAHOMA Arnett 285C2 Boswell 282C3 Broken Bow 285A Buffalo 224C2 Cheyenne 247C3 Clayton 241A Coalgate 242A Cordell *229A Covington 290A Erick 259C2 Haileyville 290A Haworth 294A Holdenville 265A Hollis 274C2 Kiowa 254A Leedey 297A Lone Wolf 224A Mooreland 254A, 300C2 Muldrow 286A Okeene 268C3 Pawhuska 233A Pittsburg 232A Red Oak 227A Reydon 264C2 Ringwood 285A Savanna 275A Sayre 269C2 Stuart 228A Taloga 226A Thomas 288A Tipton 233C3 Tishomingo 259C3 Valliant 234C3 Vici 249A Wapanucka 298A Waynoka 231C2 Weatherford *286A Wright City 226A Wynnewood *283A OREGON Clatskanie 225C3 Dallas *252C3 Diamond Lake 299A Ione 258A Keno 253A Madras *251C1 Merrill 289A Monument 280C1 Powers 293C2 Prairie City 260C Prineville 267C1 Terrebonne 293C2 The Dalles *268C3 PENNSYLVANIA Erie 240A Lawrence Park 224A Liberty *298A Meyersdale 253A Sheffield 286A Susquehanna 227A Sykesville 240A RHODE ISLAND SOUTH CAROLINA Pendleton 240A Quinby 237A SOUTH DAKOTA Edgemont 289C1 Lead 232C Rosebud 257C Sisseton 258C2 Wall 299C TENNESSEE Linden 267A Lynchburg 296A Oliver Springs 291A Pigeon Forge 292A TEXAS Annona 263A Asherton 284A Aspermont 226C2 Austwell 290A Baird 243C3 Ballinger 238A Balmorhea 283C Bangs 250C3 Benavides 282A Benjamin 237C3 Big Lake 246A, 296C2 Big Spring 265C3 Big Wells 271A Blanket 284A Blossom 224C2 Brackettville 234A Bruni 293A Buffalo Gap 227A Burnet *240A Camp Wood 271A Canadian 235C1 Carbon 238A Carrizo Springs 295A Centerville 274A Channing 284C Childress 281C2 Colorado City 257A Comanche 280A Cotulla 242A, 264A, 289A Crosbyton 264C3 Crowell 293C3 Cuney 259A Dalhart 261C Denver City *248C2 Detroit 282C2 Dickens 240A, 294A Dilley 229A Eagle Lake 237C3 El Indio 236A Eldorado 258C1, 285A, 293A Elkhart 265A Encinal 259A, 273A, 286A Encino 250A, 283A Estelline 263C3 Floydada 255A Fort Stockton 263C Freer 288A Garwood 247A George West 250A, 292A Goliad 282A Goree 275A Grapeland 232C3 Groom 223A Guthrie 252A Hamilton 299A Hamlin 283C2 Hawley 269A Hebbronville 232A, 254A Hewitt 294A Hico 285A Hooks 231A Idalou 299A Iraan 269C2 Jacksonville 236A Jayton 231C2 Junction 277C3, 284A, 292A, 297A Kermit 229A Knox City 291A La Pryor 278A Leakey 257A, 275A, 299A Llano 293C3 Lockney 271C3 Lometa 253A Longview 300C2 Lovelady 288A Marathon 278C Mason 269C3, 281C2 Matador 221C2, 227C3 Matagorda 252A McCamey 233C3 McLean 267C3 Memphis 283A, 292A Menard 242A, 265C2, 287C3 Mertzon 278C2 Meyersville 261A Moody 256A Mount Enterprise 231A Muleshoe 227C1 Mullin 224C3 Munday 270C1 Newcastle 263A O'Brien 261A Ozona 275C3, 289C1 Paducah 234C3 Paint Rock 296C3 Palacios 264A Pampa 277C2 Panhandle 291C3 Pearsall 227A Pineland 256A Port Isabel 288A Premont 287A Presidio 292C1 Quanah 255C3 Rankin 229C3 Richland Springs 235A, 299A Rising Star 290C3 Roaring Springs 276C3 Robert Lee 289A Roby 249A Rocksprings 235C3 Rotan 290A Rule 239C2, 253A Sabinal 296A San Diego 273A San Isidro 247A Sanderson 274C1, 286C2 Santa Anna 282A Savoy 297A Shamrock 271A Sheffield 224C2 Silverton 252A Smiley 280A Snyder 235C3 Sonora 237C3, 272A Spur 254A, 260C3 Stamford 233A Sweetwater 221C3 Teague 237C3 Turkey 244C2, 269A Van Alstyne *260A Weinert 266C3 Wellington 248A Wells 254A Westbrook 272A Wheeler 280C2 Zapata 292A UTAH Beaver 259A Fountain Green *260A Manila 228A Mona 225A Parowan 300C2 Salina 233C Toquerville 280C VERMONT Albany 233A Canaan 231C3 Poultney 223A VIRGINIA Alberta 299A Belle Haven 252A Iron Gate 270A Lynchburg 229A Shawsville 273A Shenandoah *296A WASHINGTON Chewelah *274C3 Coupeville 266A Goldendale 240A Oak Harbor *233A, 277A Port Angeles 229A Sedro-Woolley 289A Sequim 237A Union Gap 285A Waitsburg 272A WEST VIRGINIA Glenville 299A Marlinton 292A St Marys *287A White Sulphur Springs 227A WISCONSIN Ashland *275A Augusta *268C3 Boscobel 244C3 Crandon 276C3 Ephraim 295A Hayward *232C2 Laona 272C3 New Holstein 225A Owen 242C3 Rhinelander 243C3 Rosholt 263A Tigerton 295A Tomahawk 265C3 Two Rivers 255A Washburn *284A WYOMING Bairoil 235A Centennial 248A Meeteetse 273C Pine Bluffs 238C3 Reliance 254C3 Sinclair 267C AMERICAN SAMOA CENTRAL MARIANAS GARAPAN GUAM PUERTO RICO Santa Isabel 251A VIRGIN ISLANDS Charlotte Amalie 257A Frederiksted 258A 6. Section 73.203 is revised to read as follows: § 73.203 Availability of channels.
(a)Except as provided for in paragraph
(b)of this section and § 1.401(d) of this chapter and 73.3573(a)(1), applications may be filed to construct new FM broadcast stations only at the communities and on the channels contained in the Table of Allotments (§ 73.202(b)).
(b)Applications filed on a first come, first served basis for the minor modification of an existing FM broadcast station may propose any change in channel and/or class and/or community not defined as major in § 73.3573(a). Applications for a change in community of license must comply with the requirements set forth in § 73.3573(g). Note to § 73.203: This section is limited to non-reserved band changes in channel and/or class and/or community. Applications requesting such changes must meet either the minimum spacing requirements of § 73.207 at the site specified in the application, without resort to the provisions of the Commission's rules permitting short spaced stations as set forth in §§ 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to §§ 73.213 through 73.215. 7. Section 73.1690 is amended by adding paragraph (b)(9) to read as follows: § 73.1690 Modification of transmission systems.
(b)* * *
(9)Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's present assignment. 8. Section 73.3571 is amended by revising paragraph (a)(1), and adding new paragraph
(j)to read as follows: § 73.3571 Processing of AM broadcast station applications.
(a)* * *
(1)In the first group are applications for new stations or for major changes in the facilities of authorized stations. A major change for an AM station authorized under this part is any change in frequency, except frequency changes to non-expanded band first, second or third adjacent channels. A major change in ownership is a situation where the original party or parties to the application do not retain more than 50% ownership interest in the application as originally filed. A major change in community of license is one in which the applicant's daytime facilities at the proposed community are not mutually exclusive, as defined in § 73.37, with the applicant's current daytime facilities, or any change in community of license of an AM station in the 1605-1705 kHz band. All other changes will be considered minor.
(j)Applications proposing to change the community of license of an AM station, except for an AM station in the 1605-1705 kHz band, are considered to be minor modifications under paragraphs (a)(2) and
(f)of this section, and are subject to the following requirements:
(1)The applicant must attach an exhibit to its application containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of assignments under Section 307(b) of the Communications Act of 1934, as amended (47 U.S.C. 307(b));
(2)The daytime facilities specified by the applicant at the proposed community of license must be mutually exclusive, as defined in § 73.37, with the applicant's current daytime facilities; and
(3)Notwithstanding the provisions of § 73.3580(a), the applicant must comply with the local public notice provisions of §§ 73.3580(c)(3), 73.3580(d)(3), and 73.3580(f). The exception contained in § 73.3580(e) shall not apply to an application proposing to change the community of license of an AM station. 9. Section 73.3573 is amended by revising paragraph (a)(1), adding new paragraph (g), and revising Note 1 to § 73.3573 (Notes 2, 3, and 4 to § 73.3573 remain unchanged), the revisions are to read as follows: § 73.3573 Processing of FM broadcast station applications.
(a)* * *
(1)In the first group are applications for new stations or for major changes of authorized stations. A major change in ownership is any change where the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed. In the case of a Class D or an NCE FM reserved band channel station, a major facility change is any change in antenna location which would not continue to provide a 1 mV/m service to some portion of its previously authorized 1 mV/m service area. In the case of a Class D station, a major facility change is any change in community of license or any change in frequency other than to a first-, second-, or third-adjacent channel. A major facility change for a commercial or a noncommercial educational full service FM station, a winning auction bidder, or a tentative selectee authorized or determined under this part is any change in frequency or community of license which is not in accord with its current assignment, except for the following:
(i)A change in community of license which complies with the requirements of paragraph
(g)of this section;
(ii)A change to a higher or lower class co-channel, first-, second-, or third-adjacent channel, or intermediate frequency;
(iii)A change to a same-class first-, second-, or third-adjacent channel, or intermediate frequency;
(iv)A channel substitution, subject to the provisions of Section 316 of the Communications Act for involuntary channel substitutions.
(g)Applications proposing to change the community of license of an FM station or assignment are considered to be minor modifications under paragraphs (a)(2), (e)(1), and (f)(1) of this section, and are subject to the following requirements:
(1)The applicant must attach an exhibit to its application containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of allotments or assignments under Section 307(b) of the Communications Act of 1934, as amended (47 U.S.C. 307(b));
(2)The facilities specified by the applicant at the proposed community of license must be mutually exclusive, as defined in § 73.207 or 73.509, with the applicant's current facilities or its current assignment, in the case of a winning auction bidder or tentative selectee; and
(3)Notwithstanding the provisions of § 73.3580(a), the applicant must comply with the local public notice provisions of §§ 73.3580(c)(3), 73.3580(d)(3), and 73.3580(f). The exception contained in § 73.3580(e) shall not apply to an application proposing to change the community of license of an FM station.
(4)Non-reserved band applications must demonstrate the existence of a suitable assignment or allotment site that fully complies with §§ 73.207 and 73.315 without resort to § 73.213 or 73.215. Note 1 to § 73.3573: Applications to modify the channel and/or class to an adjacent channel, intermediate frequency
(IF)channel, or co-channel may utilize the provisions of the Commission's Rules permitting short spaced stations as set forth in § 73.215 as long as the applicant shows by separate exhibit attached to the application the existence of an allotment reference site which meets the allotment standards, the minimum spacing requirements of § 73.207 and the city grade coverage requirements of § 73.315. This exhibit must include a site map or, in the alternative, a statement that the transmitter will be located on an existing tower. Examples of unsuitable allotment reference sites include those which are offshore, in a national or state park in which tower construction is prohibited, on an airport, or otherwise in an area which would necessarily present a hazard to air navigation. [FR Doc. E6-21633 Filed 12-19-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 11 [EB Docket No. 04-296, FCC 05-191] Review of the Emergency Alert System AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. SUMMARY: The Commission adopted rules that expanded the reach of the Emergency Alert System (EAS), as currently constituted, to cover digital communications technologies that are increasingly being used by the American public to receive news and entertainment. This document announces the effective date of these published rules. DATES: The amendments to §§ 11.15, 11.21, 11.35, 11.51, 11.52, 11.55, and 11.61 published at 70 FR 71023, November 25, 2005 became effective on February 21, 2006. FOR FURTHER INFORMATION CONTACT: Jean Ann Collins, Public Safety and Homeland Security Bureau,
(202)418-2792. SUPPLEMENTARY INFORMATION: On Feburary 21, 2006, the Office of Management and Budget
(OMB)approved the information collection requirements contained in §§ 11.15, 11.21, 11.35, 11.51, 11.52, 11.55, and 11.61 pursuant to OMB Control No. 3060-0207. Accordingly, the information collection requirements contained in these rules became effective on February 21, 2006. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-21770 Filed 12-19-06; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [I.D. 120406B] Notification of U.S. Fish Quotas and an Effort Allocation in the Northwest Atlantic Fisheries Organization
(NAFO)Regulatory Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; notification of U.S. fish quotas and an effort allocation. SUMMARY: NMFS announces that fish quotas and an effort allocation are available for harvest by U.S. fishermen in the Northwest Atlantic Fisheries Organization
(NAFO)Regulatory Area. This action is necessary to make available to U.S. fishermen a fishing privilege on an equitable basis. DATES: All fish quotas and the effort allocation are effective January 1, 2007, through December 31, 2007. Expressions of interest regarding U.S. fish quota allocations for all species except 3L shrimp will be accepted throughout 2007. Expressions of interest regarding the U.S. 3L shrimp quota allocation and the 3M shrimp effort allocation will be accepted through January 4, 2007. ADDRESSES: Expressions of interest regarding the U.S. effort allocation and quota allocations should be made in writing to Patrick E. Moran in the NMFS Office of International Affairs, at 1315 East-West Highway, Silver Spring, MD 20910 (phone: 301-713-2276, fax: 301-713-2313, e-mail: *pat.moran@noaa.gov* ). Information relating to NAFO fish quotas, NAFO Conservation and Enforcement Measures, and the High Seas Fishing Compliance Act
(HSFC)Permit is available from Allison McHale, at the NMFS Northeast Regional Office at One Blackburn Drive, Gloucester,MA 01930 (phone: 978-281-9103, fax: 978-281-9135, e-mail: *allison.mchale@noaa.gov* ) and from NAFO on the World Wide Web at *http://www.nafo.int* . FOR FURTHER INFORMATION CONTACT: Patrick E. Moran, 301-713-2276. SUPPLEMENTARY INFORMATION: Background NAFO has established and maintains conservation measures in its Regulatory Area that include one effort limitation fishery as well as fisheries with total allowable catches
(TACs)and member nation quota allocations. The principal species managed are cod, flounder, redfish, American plaice, halibut, capelin, shrimp, and squid. At the 2006 NAFO Annual Meeting, the United States received fish quota allocations for three NAFO stocks and an effort allocation for one NAFO stock to be fished during 2007. The species, location, and allocation (in metric tons or effort) of these U.S. fishing opportunities, as found in Annexes I.A, I.B, and I.C of the 2007 NAFO Conservation and Enforcement Measures, are as follows:
(1)Redfish NAFO Division 3M 69 mt
(2)Squid ( *Illex* ) NAFO Subareas 3 & 4 453 mt
(3)Shrimp NAFO Division 3L 245 mt
(4)Shrimp NAFO Division 3M 1 vessel/100 days Additionally, U.S. vessels may be authorized to fish any available portion of the 627 mt allocation of oceanic redfish in NAFO Subarea 2 and Divisions 1F and 3K allocated to NAFO members that are not also members of the Northeast Atlantic Fisheries Commission. Fishing opportunities may also be authorized for U.S. fishermen in the “Others” category for: Division 3LNO yellowtail flounder (76 mt); Division 3NO white hake (500 mt); Division 3LNO skates (500 mt); and Division 3O redfish (100 mt). Procedures for obtaining NMFS authorization are specified here. U.S. Fish Quota Allocations Expressions of interest to fish for any or all of the U.S. fish quota allocations and “Others” category allocations in NAFO will be considered from U.S. vessels in possession of a valid High Seas Fishing Compliance
(HSFC)permit, which is available from the NMFS Northeast Regional Office (see ADDRESSES ). All expressions of interest should be directed in writing to Patrick E. Moran (see ADDRESSES ). Letters of interest from U.S. vessel owners should include the name, registration, and home port of the applicant vessel as required by NAFO in advance of fishing operations. In addition, any available information on intended target species and dates of fishing operations should be included. To ensure equitable access by U.S. vessel owners, NMFS may promulgate regulations designed to choose one or more U.S. applicants from among expressions of interest. Note that vessels issued valid HSFC permits under 50 CFR part 300 are exempt from multispecies permit, mesh size, effort-control, and possession limit restrictions, specified in 50 CFR 648.4, 648.80, 648.82 and 648.86, respectively, while transiting the U.S. exclusive economic zone
(EEZ)with multispecies on board the vessel, or landing multispecies in U.S. ports that were caught while fishing in the NAFO Regulatory Area, provided:
(1)The vessel operator has a letter of authorization issued by the Regional Administrator on board the vessel;
(2)For the duration of the trip, the vessel fishes, except for transiting purposes, exclusively in the NAFO Regulatory Area and does not harvest fish in, or possess fish harvested in, or from, the U.S. EEZ;
(3)When transiting the U.S. EEZ, all gear is properly stowed in accordance with one of the applicable methods specified in 50 CFR 648.23(b); and
(4)The vessel operator complies with the HSFC permit and all NAFO conservation and enforcement measures while fishing in the NAFO Regulatory Area. U.S. 3M Effort Allocation Expressions of interest in harvesting the U.S. portion of the 2007 NAFO 3M shrimp effort allocation (1 vessel/100 days) will be considered from owners of U.S. vessels in possession of a valid HSFC permit. All expressions of interest should be directed in writing to Patrick E. Moran (see ADDRESSES ). Letters of interest from U.S. vessel owners should include the name, registration and home port of the applicant vessel as required by NAFO in advance of fishing operations. In the event that multiple expressions of interest are made by U.S. vessel owners, NMFS may promulgate regulations designed to choose one U.S. applicant from among expressions of interest. NAFO Conservation and Management Measures Relevant NAFO Conservation and Enforcement Measures include, but are not limited to, maintenance of a fishing logbook with NAFO-designated entries; adherence to NAFO hail system requirements; presence of an on-board observer; deployment of a functioning, autonomous vessel monitoring system; and adherence to all relevant minimum size, gear, bycatch, and other requirements. Further details regarding these requirements are available from the NMFS Northeast Regional Office, and can also be found in the current NAFO Conservation and Enforcement Measures on the Internet (see ADDRESSES ). Chartering Arrangements In the event that no adequate expressions of interest in harvesting the U.S. portion of the 2007 NAFO 3L shrimp quota allocation and/or 3M shrimp effort allocation are made on behalf of U.S. vessels, expressions of interest will be considered from U.S. fishing interests intending to make use of vessels of other NAFO Parties under chartering arrangements to fish the 2007 U.S. quota allocation for 3L shrimp and/or the effort allocation for 3M shrimp. Under NAFO rules in effect through 2007, a vessel registered to another NAFO Contracting Party may be chartered to fish the U.S. effort allocation provided that written consent for the charter is obtained from the vessel's flag state and the U.S. allocation is transferred to that flag state. NAFO Parties must be notified of such a chartering operation through a mail notification process. A NAFO Contracting Party wishing to enter into a chartering arrangement with the United States must be in full current compliance with the requirements outlined in the NAFO Convention and Conservation and Enforcement Measures including, but not limited to, submission of the following reports to the NAFO Executive Secretary: provisional monthly catches within 30 days following the calendar month in which the catches were made; provisional daily catches of shrimp taken from Division 3L; provisional monthly fishing days in Division 3M within 30 days following the calendar month in which the catches were made; observer reports within 30 days following the completion of a fishing trip; and an annual statement of actions taken in order to comply with the NAFO Convention. Furthermore, the United States may also consider a Contracting Party's previous compliance with the NAFO incidental catch limits, as outlined in the NAFO Conservation and Enforcement Measures, before entering into a chartering arrangement. Expressions of interest from U.S. fishing interests intending to make use of vessels from another NAFO Contracting Party under chartering arrangements should include information required by NAFO regarding the proposed chartering operation, including: the name, registration and flag of the intended vessel; a copy of the charter; the fishing opportunities granted; a letter of consent from the vessel's flag state; the date from which the vessel is authorized to commence fishing on these opportunities; and the duration of the charter (not to exceed six months). More details on NAFO requirements for chartering operations are available from NMFS (see ADDRESSES ). In addition, expressions of interest for chartering operations should be accompanied by a detailed description of anticipated benefits to the United States. Such benefits might include, but are not limited to, the use of U.S. processing facilities/personnel; the use of U.S. fishing personnel; other specific positive effects on U.S. employment; evidence that fishing by the chartered vessel actually would take place; and documentation of the physical characteristics and economics of the fishery for future use by the U.S. fishing industry. In the event that multiple expressions of interest are made by U.S. fishing interests proposing the use of chartering operations, the information submitted regarding benefits to the United States will be used in making a selection. In the event that applications by U.S. fishing interests proposing the use of chartering operations are considered, all applicants will be made aware of the allocation decision as soon as possible. Once the allocation has been awarded for use in a chartering operation, NMFS will immediately take appropriate steps to notify NAFO and transfer the U.S. 3L shrimp quota allocation and/or the 3M shrimp effort allocation to the appropriate Contracting Party. After reviewing all requests for allocations submitted, NMFS may decide not to grant any allocations if it is determined that no requests meet the criteria described in this notice. All individuals/companies submitting expressions of interest to NMFS will be contacted if an allocation has been awarded. Please note that if the U.S. portion of the 2007 NAFO 3L shrimp quota allocation and/or 3M shrimp effort allocation is awarded to a U.S. vessel or a specified chartering operation, it may not be transferred without the express, written consent of NMFS. Dated: December 14, 2006. Rebecca Lent, Director, Office of International Affairs, National Marine Fisheries Service. [FR Doc. E6-21741 Filed 12-19-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 060418103-6181-02 ; I.D. 121306B] Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Commercial Period 2 Quota Harvested AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure of spiny dogfish fishery. SUMMARY: NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the semi-annual quota period, November 1, 2006 - April 30 , 2007, has been harvested. Therefore, effective 0001 hours, December 19, 2006, federally permitted commercial vessels may not fish for, possess, transfer, or land spiny dogfish until May 1, 2007, when the 2007 Period 1 quota becomes available. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its Period 2 quota and to allow for effective management of this stock. DATES: Quota Period 2 for the spiny dogfish fishery is closed effective at 0001 hr local time, December 19, 2006, through 2400 hr local time April 30, 2007. Effective December 19, 2006, federally permitted dealers are also advised that they may not purchase spiny dogfish from federally permitted spiny dogfish vessels. FOR FURTHER INFORMATION CONTACT: Don Frei, Fisheries Management Specialist, at
(978)281-9221, or *Don.Frei@Noaa.gov* . SUPPLEMENTARY INFORMATION: Regulations governing the spiny dogfish fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota, which is allocated into two quota periods based upon percentages specified in the fishery management plan. The commercial quota is distributed to the coastal states from Maine through Florida, as described in § 648.230. The initial total commercial quota for spiny dogfish for the 2006 fishing year is 4 million lb (1.81 million kg) (71 FR 40436, July 17, 2006 ). The commercial quota is allocated into two periods (May 1 through October 31, and November 1 through April 30). Vessel possession limits are intended to preclude directed fishing, and they are set at 600 lb (272 kg) for both quota Periods 1 and 2. Quota Period 1 is allocated 2.3 million lb (1.05 million kg), and quota Period 2 is allocated 1.7 million lb (763,849 kg) of the commercial quota. The total quota cannot be exceeded, so landings in excess of the amount allocated to quota Period 1 have the effect of reducing the quota available to the fishery during quota Period 2. The Administrator, Northeast Region, NMFS (Regional Administrator) monitors the commercial spiny dogfish quota for each quota period and, based upon dealer reports, state data, and other available information, determines when the total commercial quota will be harvested. NMFS is required to publish a notification in the **Federal Register** advising and notifying commercial vessels and dealer permit holders that, effective upon a specific date, the Federal spiny dogfish commercial quota has been harvested and no Federal commercial quota is available for landing spiny dogfish for the remainder of that quota period. Section 648.4(b) provides that Federal spiny dogfish permit holders agree, as a condition of the permit, not to land spiny dogfish in any state after NMFS has published notification in the **Federal Register** that the commercial quota has been harvested and that no commercial quota for the spiny dogfish fishery is available. Therefore, effective 0001 hr local time, December 19, 2006, landings of spiny dogfish in coastal states from Maine through Florida by vessels holding commercial Federal fisheries permits are prohibited through April 30, 2007, 2400 hr local time. The 2007 Period 1 quota will be available for commercial spiny dogfish harvest on May 1, 2007. Effective December 19, 2006, federally permitted dealers are also advised that they may not purchase spiny dogfish from vessels issued Federal spiny dogfish permits that land in coastal states from Maine through Florida. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: December 15, 2006. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-9785 Filed 12-15-06; 1:30 pm]
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U.S. Code
- Definitions§ 2602
- Reporting and retention of information§ 2607
- Rule making§ 553
- Purposes§ 3501
- Definitions§ 601
- Establishment, functions, and activities§ 272
- SHORT TITLE.§ 801
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Flood elevation determinations§ 4104
- Congressional findings and declaration of purpose§ 4001
- Licenses§ 307
- Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order§ 405
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register
34 references not yet in our index
- 40 CFR 710
- 40 CFR 710.48
- Pub. L. 104-4
- Pub. L. 104-113
- 44 CFR 67
- 44 CFR 60
- 44 CFR 10
- 5 USC 601-612
- Pub. L. 104-13
- 109 Stat. 163
- 47 CFR 73.202
- 326 U.S. 327
- 47 CFR 73.3517(e)
- 47 CFR 73.3580(c)(3)
- 47 CFR 73.3580(a)
- 47 CFR 73.3580
- 47 CFR 73.201
- 47 CFR 73.3517(c)
- 47 CFR 1.1113(a)(4)
- 47 CFR 1.1117
- 47 CFR 1.401(b)
- 47 CFR 1.1202(d)
- 897 F.2d 1164
- 418 F.2d 1153
- Pub. L. 104-121
- 110 Stat. 847
- 47 CFR 1
- 47 CFR 73
- 15 USC 79
- 47 CFR 11
- 50 CFR 300
- 50 CFR 648.4
- 50 CFR 648.23(b)
- 50 CFR 648
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