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19408 Federal Register / Vol. 70, No.

70 / Wednesday, April 13, 2005 / Proposed Rules

Street, SW., Washington, DC. The PART 73—RADIO BROADCAST for the use of other interested parties.
complete text of this decision may also SERVICES See SUPPLEMENTARY INFORMATION, infra.
be purchased from the Commission’s DATES: Comments must be filed on or
copy contractor, Best Copy and Printing, 1.The authority citation for Part 73 before May 10, 2005, reply comments on
Inc., 445 12th Street, SW., Room CY– continues to read as follows: or before May 25, 2005.
B402, Washington, DC 20554, (800) Authority: 47 U.S.C. 154, 303, 334 and 336. ADDRESSES: Federal Communications
378–3160, or via the company’s Web Commission, Washington, DC 20554. In
site, http://www.bcpiweb.com. This § 73.202 [Amended]
addition to filing comments with the
document does not contain proposed 2. Section 73.202(b), the Table of FM FCC, interested parties should serve the
information collection requirements Allotments under Arkansas, is amended petitioner, or its counsel or consultant,
subject to the Paperwork Reduction Act by adding Strong, Channel 296C3. as follows: Marnie K. Sarver, Esq.,
of 1995, Public Law 104–13. In addition, 3. Section 73.202(b), the Table of FM Wiley, Rein & Fielding LLP, 1776 K
therefore, it does not contain any Allotments under Texas, is amended by Street, NW., Washington, DC 10006
proposed information collection burden adding Channel 278A at Roma. (Counsel for Aurora Media, LLC) and
‘‘for small business concerns with fewer 4. Section 73.202(b), the Table of FM Mark N. Lipp, Esq., Vinson and Elkins,
than 25 employees,’’ pursuant to the Allotments under West Virginia, is L.L.P., 1455 Pennsylvania Ave., NW.,
Small Business Paperwork Relief Act of amended by adding Channel 239A at Suite 600, Washington, DC 20004–1008
2002, Public Law 107–198, see 44 U.S.C. Romney. (Counsel for Cumulus Licensing LLC).
3506(c)(4). Federal Communications Commission. FOR FURTHER INFORMATION CONTACT:
The Commission further requests
John A. Karousos, Sharon P. McDonald, Media Bureau,
comment on a petition filed by Charles
Assistant Chief, Audio Division, Media (202) 418–2180.
Crawford. Petitioner proposes the
Bureau. SUPPLEMENTARY INFORMATION: This is a
allotment of channel 278A at Roma,
Texas, as a first local FM service. [FR Doc. 05–7080 Filed 4–12–05; 8:45 am] synopsis of the Commission’s Notice of
Channel 278A can be allotted at Roma BILLING CODE 6712–01–P Proposed Rule Making, MB Docket No.
in compliance with the Commission’s 05-145 and MB Docket No. 05–146,
minimum distance separation adopted March 21, 2005, and released
requirements with a site restriction of FEDERAL COMMUNICATIONS March 23, 2005. The full text of this
10.0 km (6.2 miles) east of Roma. The COMMISSION Commission decision is available for
proposed coordinates for Channel 278A inspection and copying during normal
47 CFR Part 73 business hours in the FCC Reference
at Roma are 26–26–05 North Latitude
and 98–55–16 West Longitude. Information Center (Room CY–A257),
[DA 05–757; MB Docket No. 05–145, RM– 445 12th Street, SW., Washington, DC.
The Commission further requests 11212; MB Docket No. 05–146, RM–11213]
comment on a petition filed by Charles This document may also be purchased
E. See. Petitioner proposes the allotment Radio Broadcasting Services; Caliente from the Commission’s copy contractor,
of Channel 239A at Romney, West and Moapa, NV; and Hermitage and Best Copy and Printing, Inc., Portals II,
Virginia, as a first local FM service. Mercer, PA 445 12th Street, SW., Room CY–B402,
Channel 239A can be allotted at Washington, DC 20054, telephone 1–
Romney in compliance with the AGENCY: Federal Communications 800–378–3160 or http://
Commission’s minimum distance Commission. www.BCPIWEB.com. This document
separation requirements at center city ACTION: Proposed rule. does not contain proposed information
reference coordinates without a site collection requirements subject to the
restriction. The proposed coordinates SUMMARY: This document proposes two Paperwork Reduction Act of 1995,
for Channel 239A at Romney are 39–20– change of community reallotments for Public Law 104–13. In addition,
31 North Latitude and 78–45–24 West Caliente and Moapa, Nevada; and therefore, it does not contain any
Longitude. Mercer and Hermitage, Pennsylvania. proposed information collection burden
The Provisions of the Regulatory The Audio Division requests ‘‘for small business concerns with fewer
Flexibility Act of 1980 do not apply to comments on a petition filed by than 25 employees,’’ pursuant to the
this proceeding. Members of the public Cumulus Licensing LLC, proposing the Small Business Paperwork Relief Act of
should note that from the time a Notice reallotment of Channel 233C from 2002, Public Law 107–198, see 44 U.S.C.
of Proposed Rule Making is issued until Caliente to Moapa, Nevada, and the 3506(c)(4).
the matter is no longer subject to modification of the new FM station’s The Audio Division requests
Commission consideration or court construction permit (File No. BNH– comments on a petition filed by
review, all ex parte contacts are 20050103AFD) accordingly. Channel Cumulus Licensing, LLC, proposing the
prohibited in Commission proceedings, 233C can be reallotted to Moapa in reallotment of Channel 280A from
such as this one, which involve channel compliance with the Commission’s Mercer to Hermitage, Pennsylvania, and
allotments. See 47 CFR 1.1204(b) for minimum distance separation the modification of Station WWIZ(FM)’s
rules governing permissible ex parte requirements with a site restriction of license accordingly. Channel 280A can
contacts. 63.0 kilometers (39.2 miles) north at be reallotted to Hermitage in
For information regarding proper Petitioner’s authorized construction compliance with the Commission’s
filing procedures for comments, see 47 permit site. The coordinates for Channel minimum distance separation
CFR 1.415 and 1.420. 233C at Moapa are 37–14–37 NL and requirements with a site restriction of
114–36–01 WL. In accordance with the 7.8 kilometers (4.9 miles) southeast to
List of Subjects in 47 CFR Part 73 provisions of Section 1.420(i) of the avoid a short-spacing to the licensed
Radio, Radio broadcasting. Commission’s Rules, we will not accept and construction permit site for Station
For the reasons discussed in the competing expressions of interest for the WOGF(FM), Channel 282B, East
preamble, the Federal Communications use of Channel 233C at Moapa, Nevada, Liverpool, Ohio. The reference
Commission proposes to amend 47 CFR or require Petitioner to demonstrate the coordinates for Channel 280A at
Part 73 as follows: existence of an equivalent class channel Hermitage are 41–12–16 NL and 80–21–

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Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules 19409

49 WL. Since Hermitage is located DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT:
within 320 kilometers (200 miles) of the Gretchen Harrington, phone: 907–586–
U.S-Canadian border, concurrence of National Oceanic and Atmospheric 7228 or e-mail:
the Canadian government has been Administration gretchen.harrington@noaa.gov.
requested. In addition, this allotment is
short-spaced to vacant Channel 280C1 50 CFR Part 679 SUPPLEMENTARY INFORMATION: The North
in Woodstock, Ontario, and we have Pacific Fishery Management Council
[Docket No. 050325082–5082–01; I.D. (Council) prepared the FMP under the
requested Canadian concurrence of 031705E]
Channel 280A at Hermitage, authority of the Magnuson-Stevens Act.
Pennsylvania, as a specially-negotiated, RIN 0648–AS90 Under the FMP, management of all
short-spaced allotment. In accordance aspects of the scallop fishery, except
Fisheries of the Exclusive Economic limited access, is delegated to the State
with the provisions of Section 1.420(i)
Zone Off Alaska; License Limitation of Alaska (State). Federal regulations
of the Commission’s Rules, we will
Program for the Scallop Fishery governing the scallop fishery appear at
accept competing expressions of interest
for the use of Channel 280A at 50 CFR parts 600 and 679. State
AGENCY: National Marine Fisheries
Hermitage, Pennsylvania, or require regulations governing the scallop fishery
Service (NMFS), National Oceanic and
Petitioner to demonstrate the existence appear in the Alaska Administrative
Atmospheric Administration (NOAA),
of an equivalent class channel for the Code (AAC) at 5 AAC Chapter 38--
Commerce.
use of other interested parties. Miscellaneous Shellfish.
ACTION: Proposed rule; request for
comments. State regulations establish guideline
Provisions of the Regulatory
harvest levels (GHL) for different scallop
Flexibility Act of 1980 do not apply to
SUMMARY: NMFS proposes regulations to registration areas, fishing seasons, open
this proceeding.
implement Amendment 10 to the and closed fishing areas, observer
Members of the public should note Fishery Management Plan for the coverage requirements, bycatch limits,
that from the time a Notice of Proposed Scallop Fishery off Alaska (FMP), which gear restrictions, and measures to limit
Rule Making is issued until the matter would modify the gear endorsements processing efficiency (including a ban
is no longer subject to Commission under the license limitation program on the use of mechanical shucking
consideration or court review, all ex (LLP) for the scallop fishery. This action machines and a limitation on crew size).
parte contacts are prohibited in is necessary to allow increased The gear regulations limit vessels to
Commission proceedings, such as this participation by LLP license holders in using no more than two 15 ft (4.5 m)
one, which involve channel allotments. the scallop fisheries off Alaska. This dredges, except in State Scallop
See 47 CFR 1.1204(b) for rules action is intended to promote the goals Registration Area H (Cook Inlet) where
governing permissible ex parte contacts. and objectives of the Magnuson-Stevens vessels are limited to using a single 6 ft
For information regarding proper filing Fishery Conservation and Management (1.8 m) scallop dredge.
procedures for comments, see 47 CFR Act (Magnuson-Stevens Act), the FMP, The Council has submitted
1.415 and 1.420. and other applicable laws. Amendment 10 for Secretarial review,
List of Subjects in 47 CFR Part 73 DATES: Written comments on the and a Notice of Availability of the
proposed rule must be received on or amendment was published on March
Radio, Radio broadcasting. before May 31, 2005. 24, 2005, with comments on the FMP
For the reasons discussed in the ADDRESSES: Send comments to Sue amendment invited through May 23,
preamble, the Federal Communications Salveson, Assistant Regional 2005 (70 FR 15063). Comments may
Commission proposes to amend 47 CFR Administrator, Sustainable Fisheries address the FMP amendment, this
part 73 as follows: Division, Alaska Region, NMFS, Attn: proposed rule, or both, but must be
Lori Durall. Comments may be received by May 23, 2005, to be
PART 73—RADIO BROADCAST submitted by: considered in the approval/disapproval
SERVICES • E-mail: Scallop10–PR–0648– decision on the FMP amendment.
AS90@noaa.gov. Include in the subject Beginning in 2001, NMFS has
1. The authority citation for Part 73 line of the e-mail the following required a Federal scallop LLP license
continues to read as follows: document identifier: Scallop 10 PR. E- on board any vessel deployed in the
Authority: 47 U.S.C. 154, 303, 334 and 336. mail comments, with or without scallop fisheries in Federal waters off
attachments, are limited to 5 megabytes. Alaska. The LLP was implemented
§ 73.202 [Amended]
• Mail: P.O. Box 21668, Juneau, AK through approval of Amendment 4 to
2. Section 73.202(b), the Table of FM 99802. the FMP by the Secretary on June 8,
Allotments under Nevada, is amended • Hand Delivery to the Federal 2000, and the final rule implementing
by removing Channel 233C1 at Caliente, Building: 709 West 9th Street, Room Amendment 4 was published December
and adding Moapa, Channel 233C. 420A, Juneau, AK. 14, 2000 (65 FR 78110). The LLP was
3. Section 73.202(b), the Table of FM • Facsimile: 907–586–7557. established to limit harvesting capacity
Allotments under Pennsylvania, is • Webform at the Federal eRulemaking in the Federal scallop fishery off Alaska.
amended by removing Channel 280A at Portal: www.regulations.gov. Follow the NMFS issued a total of nine LLP
Mercer, and adding Hermitage, Channel instructions at that site for submitting licenses. Licenses were issued to
280A. comments. holders of either Federal or State
Copies of Amendment 10 to the moratorium permits who used their
Federal Communications Commission. Scallop FMP, and the Environmental permits to make legal landings of
John A. Karousos, Assessment/Regulatory Impact Review/ scallops in each of any two calendar
Assistant Chief, Audio Division, Media Initial Regulatory Flexibility Analysis years during the period beginning
Bureau. (EA/RIR/IRFA) prepared for the January 1, 1996, through October 9,
[FR Doc. 05–7081 Filed 4–12–05; 8:45 am] amendment are available from NMFS at 1998. The licenses authorize their
BILLING CODE 6712–01–P the mailing address specified above. holders to catch and retain scallops in

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