Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 57863

September 19, 2003, a document which 

removed Channel 295C and added 

Channel 295C0 at Birmingham, 

Alabama. See 68 FR 54855. This 

document amends 47 CFR 73.202(b), the 

Table of FM Allotments under Alabama, 

by removing Channel 295C0 at 

Birmingham, Alabama because Channel 

295C was reallotted to Homewood, 

Alabama in an earlier rulemaking 

proceeding, MM Docket No. 01–104. See

68 FR 33654, published June 5, 2003.

DATES: Effective on September 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Rolanda F. Smith, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Communications 

Commission published a document in 

the Federal Register of September 19, 

2003, (68 FR 54855), which amended 

§ 73.202(b), the FM Table of Allotments 

under Alabama by removing Channel 

295C and adding Channel 295C0 at 

Birmingham. However, Channel 295C at 

Birmingham was reallotted to 

Homewood, Alabama in a prior 

rulemaking proceeding. See 68 FR 

33654, published June 5, 2003. 

Need for Correction 

Part 73 of title 47 of the Code of 

Federal Regulations currently contains 

under § 73.202(b), the FM Table of 

Allotments under Alabama Channel 

295C0 at Birmingham, therefore 

Channel 295C0 at Birmingham needs to 

be removed from the Code of Federal 

Regulations.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Accordingly, 47 CFR part 73 is 

amended as follows:

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation of part 73 

continues to read as follows:

Authority: 47 U.S.C. 54, 303, 334 and 336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Alabama, is amended 

by removing Channel 295C0 at 

Birmingham.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–21725 Filed 9–27–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–2907] 

Radio Broadcasting Services; Various 

Locations

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, on its own 

motion, editorially amends the Table of 

FM Allotments to specify the actual 

classes of channels allotted to various 

communities. The changes in channel 

classifications have been authorized in 

response to applications filed by 

licensees and permittees operating on 

these channels. This action is taken 

pursuant to Revision of Section 

73.3573(a)(1) of the Commission’s Rules 

Concerning the Lower Classification of 

an FM Allotment, 4 FCC Rcd 2413 

(1989), and Amendment of the 

Commission’s Rules to permit FM 

Channel and Class Modifications by 

Applications, 8 FCC Rcd 4735 (1993).

DATES: Effective September 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Rolanda F. Smith, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, adopted September 15, 2004 

and released September 17, 2004. The 

full text of this Commission decision is 

available for inspection and copying 

during regular business hours at the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC 20554. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20054, 

telephone 1–800–378–3160 or http://

www.BCPIWEB.com. The Commission 

will not send a copy of the Report & 

Order in this proceeding pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A), because the adopted rules 

are rules of particular applicability.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Part 73 of Title 47 of the Code of 

Federal Regulations is amended as 

follows:

PART 73—RADIO BROADCASTING 

SERVICES

■ 1. The authority citation for Part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and 

336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Arizona, is amended 

by removing Channel 240C1 and adding 

Channel 240C0 at Cottonwood.

■ 3. Section 73.202(b), the Table of FM 

Allotments under Arkansas, is amended 

by removing Channel 265A and adding 

Channel 265C3 at Arkadelphia.

■ 4. Section 73.202(b), the Table of FM 

Allotments under California, is amended 

by removing Channel 279C1 and adding 

Channel 279C0 at Garberville.

■ 5. Section 73.202(b), the Table of FM 

Allotments under Colorado, is amended 

by removing Channel 288C2 and adding 

Channel 288C1 at Timnath.

■ 6. Section 73.202(b), the Table of FM 

Allotments under Florida, is amended by 

removing Channel 271C2 and adding 

Channel 271C1 at Rock Harbor.

■ 7. Section 73.202(b), the Table of FM 

Allotments under Georgia, is amended 

by removing Channel 264C1 and adding 

Channel 264C0 at Brunswick; by 

removing Channel 297C and adding 

Channel 297C0 at Columbus; by 

removing Channel 240C1 and adding 

Channel 240C0 at Dublin; and by 

removing Channel 298A and adding 

Channel 298C3 at Wrightsville.

■ 8. Section 73.202(b), the Table of FM 

Allotments under Hawaii, is amended by 

removing Channel 286C2 and adding 

Channel 287C2 at Keaau.

■ 9. Section 73.202(b), the Table of FM 

Allotments under Idaho, is amended by 

removing Channel 222A and Channel 

282A and by adding Channel 222C2 and 

279C1 at Victor.

■ 10. Section 73.202(b), the Table of FM 

Allotments under Iowa, is amended by 

removing Channel 227C1 and adding 

Channel 227C0 at Des Moines.

■ 11. Section 73.202(b), the Table of FM 

Allotments under Michigan, is amended 

by removing Channel 229A and adding 

Channel 230C2 at Newberry.

■ 12. Section 73.202(b), the Table of FM 

Allotments under New Mexico, is 

amended by removing Channel *258A 

and adding Channel *258C3 at Roswell.

■ 13. Section 73.202(b), the Table of FM 

Allotments under North Carolina, is 

amended by removing Channel 285C3 

and adding Channel 285C2 at Calabash.

■ 14. Section 73.202(b), the Table of FM 

Allotments under Utah, is amended by 

removing Channel 239C and adding 

Channel 240C1 at Delta.

■ 15. Section 73.202(b), the Table of FM 

Allotments under Virginia, is amended 

by removing Channel 285C3 and adding 

Channel 285C2 at Roanoke.

57864 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 

1 Individuals interested in deriving the CPI 

figures used by the agency may visit the Department 

of Labor’s Consumer Price Index home page at 

http://www.bls.gov/cpi/home.htm. Select ‘‘US ALL 

ITEMS 1967=100—CUUR0000AA0’’, select the 

appropriate time frame covering the information 

sought, and select ‘‘Retrieve Data’’ from the menu.

■ 16. Section 73.202(b), the Table of FM 

Allotments under Washington, is 

amended by removing Channel 256C1 

and adding Channel 256C2 at Walla 

Walla.

■ 17. Section 73.202(b), the Table of FM 

Allotments under Wyoming, is amended 

by removing Channel 292C3 and adding 

Channel 292A at Cheyenne.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–21727 Filed 9–27–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 578 

[Docket No. NHTSA–04–17571; Notice 2] 

RIN 2127–AJ32 

Civil Penalties

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This document amends 

NHTSA’s regulation on civil penalties 

by increasing the maximum aggregate 

civil penalties for violations of statutes 

and regulations administered by 

NHTSA pertaining to motor vehicle 

safety, bumper standards, and consumer 

information. This action is taken 

pursuant to the Federal Civil Monetary 

Penalty Inflation Adjustment Act of 

1990, as amended by the Debt 

Collection Improvement Act of 1996, 

which requires us to review and, as 

warranted, adjust penalties based on 

inflation at least every four years.

DATES: This rule is effective on October 

28, 2004. If you wish to submit a 

petition for reconsideration of this rule, 

your petition must be received by 

November 12, 2004.

ADDRESSES: Petitions for reconsideration 

should refer to the docket number and 

be submitted to: Administrator, Room 

5220, National Highway Traffic Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590, with a 

copy to the docket.

FOR FURTHER INFORMATION CONTACT:

Michael Kido, Office of Chief Counsel, 

NHTSA, telephone (202) 366–5263, 

facsimile (202) 366–3820, 400 Seventh 

Street, SW., Washington, DC 20590. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, consumer group, etc.). You 

may review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (volume 65, 

number 70; pages 19477–78), or you 

may visit http://dms.dot.gov.

SUPPLEMENTARY INFORMATION:

Background 

In order to preserve the remedial 

impact of civil penalties and to foster 

compliance with the law, the Federal 

Civil Monetary Penalty Inflation 

Adjustment Act of 1990 (28 U.S.C. 2461 

Notes, Pub. L. 101–410), as amended by 

the Debt Collection Improvement Act of 

1996, Pub. L. 104–134 (referred to 

collectively as the ‘‘Adjustment Act’’ or, 

in context, the ‘‘Act’’), requires us and 

other Federal agencies to regularly 

adjust civil penalties for inflation. 

Under the Adjustment Act, following an 

initial adjustment that was capped by 

the Act, these agencies must make 

further adjustments, as warranted, to the 

amounts of penalties in statutes they 

administer at least once every four 

years. 

NHTSA’s initial adjustment of civil 

penalties under the Adjustment Act was 

published on February 4, 1997. 62 FR 

5167. At that time, we codified the 

adjustments in 49 CFR part 578, Civil 

Penalties. On July 14, 1999, we further 

adjusted certain penalties involving 

odometer requirements and disclosure, 

consumer information, motor vehicle 

safety, and bumper standards. 64 FR 

37876. On August 7, 2001, we also 

adjusted certain penalty amounts 

pertaining to odometer requirements 

and disclosure and vehicle theft 

prevention. 66 FR 41149. In addition to 

increases in authorized penalties under 

the Adjustment Act, the Transportation 

Recall Enhancement, Accountability, 

and Documentation (‘‘TREAD’’) Act 

increased penalties under the National 

Traffic and Motor Vehicle Safety Act as 

amended (sometimes referred to as the 

‘‘Motor Vehicle Safety Act’’). We 

codified those amendments in a notice 

published on November 14, 2000. 65 FR 

68108. 

On June 14, 2004, based on our 

review of the amounts of civil penalties 

authorized in part 578, we proposed to 

adjust those penalties where warranted 

under the Adjustment Act. 69 FR 32963. 

Our proposal addressed violations 

pertaining to motor vehicle safety, 

bumper standards, and consumer 

information regarding crashworthiness 

and damage susceptibility. 

Method of Calculation 

Under the Adjustment Act, we 

determine the inflation adjustment for 

each applicable civil penalty by 

increasing the maximum civil penalty 

amount per violation by a cost-of-living 

adjustment, and then applying a 

rounding factor. Section 5(b) of the 

Adjustment Act defines the ‘‘cost-ofliving’’ adjustment as: 

The percentage (if any) for each civil 

monetary penalty by which—

(1) The Consumer Price Index for the 

month of June of the calendar year 

preceding the adjustment exceeds 

(2) The Consumer Price Index for the 

month of June of the calendar year in 

which the amount of such civil 

monetary penalty was last set or 

adjusted pursuant to law. 

Since the adjustment will be effective 

before December 31, 2004, the 

‘‘Consumer Price Index [CPI] for the 

month of June of the calendar year 

preceding the adjustment’’ is the CPI for 

June 2003. This figure, based on the 

Adjustment Act’s requirement of using 

the CPI ‘‘for all-urban consumers 

published by the Department of Labor’’

is 550.4.1 The penalty amounts that 

NHTSA is adjusting based on the Act’s 

requirements were last adjusted in 1999 

for violations related to bumper 

standards and consumer information 

regarding crashworthiness and damage 

susceptibility and in 2000 for violations 

related to motor vehicle safety. The CPI 

figures for June 1999 and June 2000 

were 497.9 and 516.5, respectively. 

Accordingly, the factors that we used in 

calculating the increase are 1.10 (550.4/

497.9) for adjustments to the bumper 

standard and consumer information 

penalties and 1.07 (550.4/516.5) for 

adjustments to the motor vehicle safety 

penalties. Using 1.10 and 1.07 as the 

inflation factors, calculated increases 

under these adjustments are then 

subject to a specific rounding formula 

set forth in section 5(a) of the 

Adjustment Act. 28 U.S.C. 2461, Notes. 

Under that formula:

Any increase shall be rounded to the 

nearest: 

(1) Multiple of $10 in the case of 

penalties less than or equal to $100; 

(2) Multiple of $100 in the case of 

penalties greater than $100 but less than 

or equal to $1,000; 

(3) Multiple of $1,000 in the case of 

penalties greater than $1,000 but less 

than or equal to $10,000;