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37728 Federal Register / Vol. 70, No.

125 / Thursday, June 30, 2005 / Proposed Rules

effective December 24, 2001 (66 FR this rule because it will not have tribal the U.S. House of Representatives, and
53728, October 24, 2001). We reserve implications (i.e., substantial direct the Comptroller General of the United
the amendment of 40 CFR part 272, effects on one or more Indian Tribes, or States prior to publication in the
subpart P for the codification of on the relationship between the Federal Federal Register. A major rule cannot
Indiana’s program changes until a later Government and Indian Tribes, or on take effect until 60 days after it is
date. the distribution of power and published in the Federal Register. This
responsibilities between the Federal action is not a ‘‘major rule’’ as defined
K. Statutory and Executive Order
Government and Indian Tribes.) by 5 U.S.C. 804(2).
Reviews
This proposed rule only authorizes 7. Executive Order 13045: Protection of List of Subjects in 40 CFR Part 271
hazardous waste requirements pursuant Children From Environmental Health Environmental protection,
to RCRA 3006 and imposes and Safety Risks Administrative practice and procedure,
requirements other than those imposed This rule is not subject to Executive Confidential business information,
by State law (see SUPPLEMENTARY Order 13045 (62 FR 19885, April 23, Hazardous waste, Hazardous waste
INFORMATION, Section A. Why are 1997), because it is not economically transportation, Indians-lands,
Revisions to State Programs Necessary?). significant and it is not based on Intergovernmental relations, Penalties,
Therefore this rule complies with environmental health or safety risks. Reporting and recordkeeping
applicable executive orders and requirements.
8. Executive Order 13211: Actions That
statutory provisions as follows: Authority: This action is issued under the
Significantly Affect Energy Supply,
1. Executive Order 18266: Regulatory Distribution, or Use authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
Planning Review This rule is not subject to Executive amended 42 U.S.C. 6912(a), 6926, 6974(b).
The Office of Management and Budget Order 13211 (66 FR 28355, May 22, Dated: June 16, 2005.
has exempted this rule from its review 2001), because it is not a significant
Margaret Guerriero,
under Executive Order 12866 (58 FR regulatory action as defined in
Executive Order 12866. Acting Regional Administrator, Region 5.
51735, October 4, 1993).
[FR Doc. 05–12940 Filed 6–29–05; 8:45 am]
2. Paperwork Reduction Act 9. National Technology Transfer BILLING CODE 6560–50–P
This rule does not impose an Advancement Act
information collection burden under the EPA approves State programs as long
provisions of the Paperwork Reduction as they meet criteria required by RCRA, FEDERAL COMMUNICATIONS
Act of 1995 (44 U.S.C. 3501 et seq.). so it would be inconsistent with COMMISSION
applicable law for EPA, in its review of
3. Regulatory Flexibility Act a State program, to require the use of 47 CFR Part 73
After considering the economic any particular voluntary consensus [MB Docket No. 05–6; FCC 05–10]
impacts of today’s rule on small entities standard in place of another standard
under the Regulatory Flexibility Act (5 that meets requirements of RCRA. Thus, Revision of the Public Notice
U.S.C. 601 et seq.), I certify that this rule the requirements of section 12(d) of the Requirements of Section 73.3580
will not have a significant economic National Technology Transfer and
impact on a substantial number of small Advancement Act of 1995 (15 U.S.C. AGENCY: Federal Communications
entities. 272 note) do not apply to this rule. Commission.
ACTION: Notice of proposed rulemaking.
4. Unfunded Mandates Reform Act 10. Executive Order 12988
SUMMARY: This Notice of Proposed
Because this rule approves pre- As required by section 3 of Executive
Rulemaking (‘‘NPRM’’) requests
existing requirements under state law Order 12988 (61 FR 4729, February 7,
comment on whether we should modify
and does not impose any additional 1996), in issuing this rule, EPA has
the notice that radio and television
enforceable duty beyond that required taken the necessary steps to eliminate
station buyers and sellers are required to
by state law, it does not contain any drafting errors and ambiguity, minimize
provide to the public in connection with
unfunded mandate or significantly or potential litigation, and provide a clear
proposed assignments and transfers of
uniquely affect small governments, as legal standard for affected conduct.
control. This NPRM also seeks comment
described in the Unfunded Mandates
11. Executive Order 12630: Evaluation on whether to eliminate the newspaper
Reform Act of 1995 (Pub. L. 104–4).
of Risk and Avoidance of Unanticipated publication exemption for non-
5. Executive Order 13132: Federalism Takings commercial educational (‘‘NCE’’)
Executive Order 13132 (64 FR 43255, EPA has complied with Executive stations and stations that are the only
August 10, 1999) does not apply to this Order 12630 (53 FR 8859, March 15, operating station in their broadcast
rule because it will not have federalism 1988) by examining the takings service in their community of license.
implications (i.e., substantial direct implications of the rule in accordance DATES: Comments are due August 1,
effects on the States, on the relationship with the Attorney General’s 2005 and reply comments are due
between the national government and Supplemental Guidelines for the August 15, 2005. Written comments on
the States, or on the distribution of Evaluation of Risk and Avoidance of the Paperwork Reduction Act proposed
power and responsibilities among the Unanticipated Takings issued under the Information collection requirements
various levels of government). executive order. must be submitted by the public, Office
of Management and Budget (OMB), and
6. Executive Order 13175: Consultation 12. Congressional Review Act other interested parties on or before
and Coordination With Indian Tribal EPA will submit a report containing August 29, 2005.
Governments this rule and other information required ADDRESSES: You may submit comments,
Executive Order 13175 (65 FR 67249, by the Congressional Review Act (5 identified by MB Docket No. 05–6, by
November 9, 2000) does not apply to U.S.C. 801 et seq.) To the U.S. Senate, any of the following methods:

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Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules 37729

• Federal eRulemaking Portal: http:// Initial Paperwork Reduction Act of add the requirement for newspaper
www.regulations.gov. Follow the 1995 Analysis publication to non-commercial
instructions for submitting comments. This document contains modified educational (NCE) stations and stations
• Federal Communications information collection requirements. that are the only operating station in
Commission Web site: http:// The Commission, as part of its their broadcast service in their
www.fcc.gov/cgb/ecfs. Follow the continuing effort to reduce paperwork community of license. Currently, these
instructions for submitting comments. burdens, invites the general public to stations are exempt from this
requirement.
• People with Disabilities: Contact the comment on the information collection
The NPRM also proposes to revise the
FCC to request reasonable requirements contained in this NPRM as
§ 73.3580(d) requirement that an
accommodations (accessible format required by the Paperwork Reduction applicant give notice of the filing of a
documents, sign language interpreters, Act of 1995, Public Law 104–13. Public application for renewal of the station’s
CART, etc.) by e-mail: FCC504@fcc.gov and agency comments are due August license or permit in a newspaper as
or phone: (202) 418–0530 or (202) 418– 29, 2005. Comments should address: (a) described in 47 CFR 73.3580(c). The
0432. Whether the proposed collection of NPRM proposes that the notice must
information is necessary for the proper now appear in a specific text as
For detailed instructions on submitting
performance of the functions of the described in the proposed revision of 47
comments and additional information
Commission, including whether the CFR 73.3580(d)(3)(i).
on the rulemaking process, see the
information shall have practical utility;
SUPPLEMENTARY INFORMATION section of Synopsis of the Notice of Propose Rule
(b) the accuracy of the Commission’s
this document. Making
burden estimates; (c) ways to enhance
In addition to filing comments as set the quality, utility, and clarity of the 1. This NPRM requests comment on
forth above, a copy of any comments on information collected; and (d) ways to whether we should modify the notice
the information collections contained minimize the burden of the collection of that radio and television station buyers
herein should be submitted to Cathy information on the respondents, and sellers are required to provide to the
Williams, Federal Communications including the use of automated public in connection with proposed
Commission, Room 1–C823, 445 12th collection techniques or other forms of assignments and transfers of control.
Street, SW., Washington, DC 20554 or information technology. In addition, 2. This NPRM also seeks comment on
via the Internet to Cathy Williams pursuant to the Small Business whether to eliminate the newspaper
@fcc.gov, and to Kristy L. LaLonde, Paperwork Relief Act of 2002, Pub. Law publication exemption for non-
OMB Desk Officer, Room 10234 NEOB, 107–198, see 44 U.S.C. 3506(c)(4), we commercial educational (‘‘NCE’’)
725 17th Street, NW., Washington, DC seek specific comment on how we might stations and stations that are the only
20503, via the Internet to Kristy_L. ‘‘further reduce the information operating station in their broadcast
LaLonde@omb.eop.gov, or via fax at collection burden for small business service in their community of license.
202–395–5167. concerns with fewer than 25
Initial Regulatory Flexibility Analysis
FOR FURTHER INFORMATION, CONTACT: employees.’’
OMB Control Number: 3060–0031. 3. Compliance requirements will
Stephen Svab, Media Bureau at (202)
Title: Application for Consent to naturally vary depending on the
418–2700 or via Internet at
Assignment of Broadcast Station Commission’s final decision in this
stephen.svab@fcc.gov. For additional
Construction Permit or License; proceeding. If the Commission decides
information concerning the Paperwork
Application for Consent to Transfer at the final rules stage of this proceeding
Reduction Act information collection
Control of Entity Holding Broadcast to modify the public notice regulations
requirements contained in this NPRM,
Station Construction Permit or License; as proposed, applicants for consent to
contact Cathy Williams at 202–418–
§ 73.3580, Local Public Notice of Filing assignment of a construction permit or
2918, or via the Internet at
of Broadcast Applications. license for an AM, FM, or TV station or
Cathy.Williams@fcc.gov. If you would
Form Number: FCC Form 314 and for consent to transfer control of an
like to obtain or view a copy of this
FCC Form 315. entity holding a construction permit or
revised information collection, you may
Type of Review: Revision of a license for an AM, FM, or TV station
do so by visiting the FCC PRA Web page
currently approved collection. would have to broadcast and publish
at: http://www.fcc.gov/omd/pra.
Respondents: Business or other for- public notice using the template
SUPPLEMENTARY INFORMATION: This is a profit entities; Not-for-profit proposed for inclusion in § 73.3580(d)
synopsis of the Commission’s Notice of institutions. of the Commission’s rules (found in
Proposed Rulemaking, MB Docket No. Number of Respondents: 4,510. paragraph 5 of the NPRM). Additionally,
05–6, adopted January 10, 2005 and Frequency of Response: On occasion if the Commission ultimately eliminates
released March 15, 2005. The full text reporting requirement; Third party the current § 73.3580(e) exemption from
of this decision is available for disclosure requirement. the public notice requirements offered
inspection and copying during normal Estimated Time Per Response: 1 hour to noncommercial educational stations
business hours in the FCC Reference to 6 hours. and stations that are the only operating
Information Center, Portals II, 445 12th Total Annual Burden: 15,890 hours. station in their broadcast service in their
Street, SW., Room CY–A257, Total Annual Costs: $33,349,150. community of license, applicants in
Washington, DC 20554, and may be Privacy Impact Assessment: No these categories who file for assignment
purchased from the Commission’s copy impact(s). or transfer of a broadcast license would
contractor, Best Copy and Printing, Inc., Needs and Uses: On January 10, 2005, need to publish local notice of action in
Portals II, 445 12th Street, SW., Room the Commission adopted a Notice of a newspaper of general circulation in
CY–B402, Washington, DC 20554, Proposed Rulemaking (NRPM), In the the community to which the station is
telephone (202) 488–5300, facsimile Matter of the Revision of the Public licensed. The Commission seeks
(202) 488–5563, or via e-mail http:// Notice Requirements of § 73.3580, MB comment on these proposals and their
www.BCPIWeb.com or may be viewed Docket No. 05–6, FCC 05–10. The NPRM impact on small entities and on other
via Internet at http://www.fcc.gov/mb/. proposes to revise 47 CFR 73.3580(c) to ways to enhance the transparency of,

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37730 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules

and public participation in, the sales The Commission’s contractor, Natek, Commission proposes to amend 47 CFR
application review and licensing Inc., will receive hand-delivered or part 73 as set forth below:
process. messenger-delivered paper filings for
the Commission’s Secretary at 236 PART 73—RADIO BROADCAST
Filing of Comments and Reply SERVICES
Massachusetts Avenue, NE., Suite 110,
Comments
Washington, DC 20002. The filing hours 1. The authority for part 73 continues
5. Pursuant to applicable procedures at this location are 8 a.m. to 7 p.m. All to read as follows:
set forth in §§ 1.415 and 1.419 of the hand deliveries must be held together
Commission’s rules, 47 CFR 1.415 and with rubber bands or fasteners. Any Authority: 47 U.S.C. 154, 303, 334, 336 and
339.
1.419, interested parties may file envelopes must be disposed of before 2. Section 73.3580 is amended by
comments August 1, 2005, and reply entering the building. Commercial revising paragraphs (c) introductory
comments August 15, 2005. Comments overnight mail (other than U.S. Postal text, (d)(1), (d)(3), removing paragraph
may be filed using the Commission’s Service Express Mail and Priority Mail) (e), redesignating paragraphs (f) through
Electronic Comment Filing System must be sent to 9300 East Hampton (i) as paragraphs (e) through (h), and by
(ECFS) or by filing paper copies. See Drive, Capitol Heights, MD 20743. U.S. revising newly designated paragraphs
Electronic Filing of Documents in Postal Service first-class mail, Express (e) and (h) to read as follows:
Rulemaking Proceedings, 63 FR 24121 Mail, and Priority Mail should be
(1998). addressed to 445 12th Street, SW., § 73.3580 Local public notice of filing of
6. Comments filed through the ECFS Washington, DC 20554. All filings must broadcast applications.
can be sent as an electronic file via the be addressed to the Commission’s * * * * *
Internet to http://www.fcc.gov/e-file/ Secretary, Marlene H. Dortch, Office of (c) An applicant who files an
ecfs.html. Generally, only one copy of the Secretary, Federal Communications application or amendment thereto
an electronic submission must be filed. Commission, 445 12th Street, SW., which is subject to the provisions of this
If multiple docket or rulemaking Room TW–A325, Washington, DC section, must give notice of this filing in
numbers appear in the caption of this 20554. The Media Bureau contact for a newspaper. Exceptions to this
proceeding, however, commenters must this proceeding is Stephen Svab at (202) requirement are applications for
transmit one electronic copy of the 418–2700, TTY (202) 418–7172, or at renewal of AM, FM, TV, Class A TV,
comments to each docket or rulemaking stephen.svab@fcc.gov. non-commercial educational, those
number referenced in the caption. In 8. Parties who choose to file by paper stations that are the only operating
completing the transmittal screen, should also submit their comments on station in their broadcast service in their
commenters should include their full diskette. Parties should submit diskettes community of license and international
name, U.S. Postal Service mailing to Stephen Svab, Media Bureau, 445 broadcasting stations; low power TV
address, and the applicable docket or 12th Street SW., Room 2-B418, stations; TV and FM translator stations;
rulemaking number. Parties may also Washington, DC 20554. Such a TV boosters stations; and FM boosters
submit an electronic comment by submission should be on a 3.5-inch stations. The local public notice must be
Internet e-mail. To get filing instructions diskette formatted in an IBM compatible completed within 30 days of the
for e-mail comments, commenters form using MS DOS 5.0 and Microsoft tendering of the application. In the
should send an e-mail to ecfs@fcc.gov, Word, or compatible software. The event the FCC notifies the applicant that
and should include the following words diskette should be accompanied by a a major change is involved, requiring
in the body of the message, ‘‘get form cover letter and should be submitted in the applicant to file public notice
<your e-mail address>.’’ A sample form ‘‘read only’’ mode. The diskette should pursuant to §§ 73.3571, 73.3572,
and directions will be sent in reply. be clearly labeled with the party’s name, 73.3573 or 73.3578, this filing notice
7. Parties who choose to file by paper proceeding (including the lead docket shall be given in a newspaper following
must file an original and four copies of number in this case (MB Docket No. 05– this notification.
each filing. If more than one docket or 6), type of pleading (comments or reply * * * * *
rulemaking number appears in the comments), date of submission, and the (d) * * *
caption of this proceeding, commenters name of the electronic file on the (1) An applicant who files for renewal
must submit two additional copies for diskette. The label should also include of a broadcast station license, other than
each additional docket or rulemaking the following phrase ‘‘Disk Copy—Not a low power TV station license not
number. an Original.’’ Each diskette should locally originating programming as
Pursuant to §§ 1.415 and 1.419 of the contain only one party’s pleadings, defined by § 74.701(h), an FM translator
Commission’s rules, 47 CFR 1.415, referable in a single electronic file. In station or a TV translator station license,
1.419, interested parties may file addition, commenters must send must give notice of this filing by
comments August 1, 2005, and reply diskette copies to the Commission’s broadcasting announcements on
comments August 15, 2005. Comments copy contractor, Best Copy and Printing, applicant’s station. (Sample and
may be filed using the Commission’s Inc., Portals II, 445 12th Street, SW., schedule of announcements are below.)
Electronic Comment Filing System Room CY-B402, Washington, DC 20554. Newspaper publication is not required.
(ECFS) or by filing paper copies. See List of Subjects in 47 CFR Part 73 An applicant who files for renewal of a
Electronic Filing of Documents in low power TV station license not locally
Rulemaking Proceedings, 63 FR 24121 Radio, Reporting and recordkeeping originating programming as defined by
(1998). requirements, Television. § 74.701(h), an FM translator station or
Filings can be sent by hand or Federal Communications Commission. a TV translator station license will
messenger delivery, by commercial Marlene H. Dortch, comply with (f) below.
overnight courier, or by first-class or Secretary. * * * * *
overnight U.S. Postal Service mail (3) Filing announcements. An
(although we continue to experience Proposed Rule Changes applicant who files for modification,
delays in receiving U.S. Postal Service For the reasons discussed in the assignment or transfer of a broadcast
mail). preamble, the Federal Communications station license (except for International

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Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules 37731

broadcast, low power TV, TV translator, in regard to renewal applications and • Hand Delivery: Room PL–401 on
TV booster, FM translator and FM applications for assignment or transfer the plaza level of the Nassif Building,
booster stations) shall give notice of the of license: 400 Seventh Street, SW., Washington,
filing in a newspaper as described in * * * * * DC, between 9 a.m. and 5 p.m., Monday
paragraph (c) of this section, and also (h) Paragraphs (a) through (g) of this through Friday, except Federal holidays.
broadcast the same notice over the section apply to major amendments to • Federal eRulemaking Portal: Go to
station as follows: license renewal applications. See http://www.regulations.gov. Follow the
(i) At least once daily on four days in § 73.3578(a). online instructions for submitting
the second week immediately following comments.
either the tendering for filing of the [FR Doc. 05–13026 Filed 6–29–05; 8:45 am] Instructions: All submissions must
application or immediately following BILLING CODE 6712–01–P include the agency name and docket
notification to the applicant by the FCC number or Regulatory Identification
that Public Notice is required pursuant Number (RIN) for this rulemaking. For
to §§ 73.3571, 73.3572, 73.3573 or DEPARTMENT OF TRANSPORTATION detailed instructions on submitting
§ 73.3578. For commercial radio stations comments and additional information
these announcements shall be made National Highway Traffic Safety on the rulemaking process, see the
between 7 a.m. and 9 a.m. and/or 4 p.m. Administration Public Participation heading of the
and 6 p.m. For stations which neither Supplementary Information section of
operate between 7 a.m. and 9 a.m. nor 49 CFR Part 571 this document. Note that all comments
between 4 p.m. and 6 p.m., these [Docket No. NHTSA–2005–21243] received will be posted without change
announcements shall be made during to http://dms.dot.gov, including any
RIN 2127–AI66 personal information provided. Please
the first two hours of broadcast
operation. For commercial TV stations, see the Privacy Act heading under
Federal Motor Vehicle Safety
these announcements shall be made Regulatory Analyses and Notices.
Standards; Child Restraint Systems Docket: For access to the docket to
between 6 p.m. and 11 p.m. (5 p.m. and
10 p.m. Central and Mountain time). For AGENCY: National Highway Traffic read background documents or
applicants who file for an assignment or Safety Administration (NHTSA), comments received, go to http://
transfer of a broadcast license, the Department of Transportation (DOT). dms.dot.gov at any time or to Room PL–
following announcement shall be ACTION: Notice of proposed rulemaking
401 on the plaza level of the Nassif
broadcast in accordance with the terms (NPRM). Building, 400 Seventh Street, SW.,
outlined above in this section and Washington, DC, between 9 a.m. and 5
published in a newspaper as described SUMMARY: Federal Motor Vehicle Safety p.m., Monday through Friday, except
in paragraph (c) of this section: On (date Standard (FMVSS) No. 213, ‘‘Child Federal holidays.
of filing application), the owners of (call restraint systems,’’ requires that the FOR FURTHER INFORMATION CONTACT: For
sign), (insert assignor or transferor here), webbing of child restraints must not technical and policy issues, you may
filed an application with the FCC for lose more than a specified percentage of contact Mr. Tewabe Asebe, Office of
consent to sell (call sign) to (insert its original breaking strength as a result Rulemaking (Telephone: 202–366–2365)
assignee or transferee here). A copy of of being exposed to certain adverse (Fax: 202–366–7002). For legal issues,
this application will be available for conditions. The standard currently does you may contact Ms. Deirdre R. Fujita,
public inspection during our regular not specify a minimum breaking Office of Chief Counsel (Telephone:
business hours. It contains additional strength for the unexposed webbing. 202–366–2992) (Fax: 202–366–3820).
information concerning the proposed This document proposes such a You may send mail to these officials at
buyer and the agreement for the sale of minimum, as well as a minimum the National Highway Traffic Safety
the station. Individuals who wish to breaking strength requirement for the Administration, 400 Seventh Street,
advise the FCC of facts relating to this exposed webbing. It also makes clearer SW., Washington, DC 20590.
application may file comments and in the text of FMVSS No. 213 that the SUPPLEMENTARY INFORMATION:
informal objections prior to Commission heavier of two weights specified in the
standard is used to abrade the webbing Introduction
action on the application. Petitions to
deny the application must be filed no used to attach child restraint systems to FMVSS No. 213 regulates child
later than (date the 30th day after the child restraint anchorages located in restraint systems used in motor vehicles
issuance of the public notice of the a vehicle. and aircraft (49 CFR 571.213). This
acceptance for filing of the application). DATES: Comments must be received on NPRM concerns the standard’s strength
Further information concerning the or before August 29, 2005. requirements for belt webbing, set forth
FCC’s station sale process is available at in S5.4.1 of FMVSS No. 213. Among
ADDRESSES: You may submit comments
(address of location of the station’s other things, that section states that the
(identified by the DOT Docket
public inspection file) or may be webbing of belts provided with a child
Management System Docket Number in
obtained from the FCC, Washington, DC restraint system and used to attach the
the heading of this NPRM) by any of the
20554 or the FCC Web site, at http:// system to the vehicle, or to restrain the
following methods:
www.fcc.gov/e-file. After accessing this child within the system, shall meet
• Web site: http://dms.dot.gov.
Web page, users should click on the certain strength requirements after being
Follow the instructions for submitting
‘‘CDBS Public Access’’ link and follow subjected to abrasion (S5.4.1(a)), light
comments on the DOT electronic docket
instructions found there. exposure (S5.4.1(b)), and micro-
site.
organisms (S5.4.1(b)).1
* * * * * • Fax: 1–202–493–2251.
Each of these strength requirements is
(e) The notice required by paragraphs • Mail: Docket Management Facility;
expressed in the form of a percentage of
(c) and (d) of this section shall contain, U.S. Department of Transportation, 400
when applicable, the following Seventh Street, SW., Nassif Building, 1 S5.4.1(a) and (b) reference FMVSS No. 209, 49
information, except as otherwise Room PL–401, Washington, DC 20590– CFR 571.209, ‘‘Seat belt assemblies,’’ which
provided in paragraph (d) of this section 0001. specifies requirements for seat belt assemblies.

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